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HomeMy WebLinkAboutJune 19, 2001 TENTATIVE AGENDA ADJ- REGULAR SESSION CITY OF SHAKOPEE SHAKOPEE, MINNESOTA JUNE 19, 2001 LOCATION: 129 Holmes Street South Acting Mayor Deb Amundson presiding 11 Roll Call at 7:00 p.m. 21 Pledge of Allegiance 31 Approval of Agenda 4] Mayor's Report 51 Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *71 Approval of Minutes: May 1, 2001 *81 Approval of Bills in the Amount of $651,562.00 plus $350,679.05 for refunds, returns and pass through for a total of $1,002,241.85 9] Continuation of public hearing on proposed vacation of a portion of an easement within Lot 4, Block 1, Canterbury Park I" Addition — Res. No. 5538 10] A] 2000 Auditor's Report B] 2001 Tax Increment Financing (TIF) Recap 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting - none 13 ] Re- convene 14] Recommendations from Boards and Commissions: *A] Text Amendment to City Code Allowing Retail Auto Sales as aF Conditional Use in the Light Industrial (I -1) Zone — Ord. No. 601 *B] Text Amendment to City Code Regarding Home Occupations in the Rural Residential (RR) Zone — Ord. No_ 600 TENTATIVE AGENDA June 19, 2001 Page —2- 15] General Business A] Public Works and Engineering 1. Order Feasibility Report for 5 Avenue from Adams to Jefferson — Res. No. 5545 2. Memo of Understanding with Scott County on CSAH 83, CSAH 16 and 17 Avenue B] Police and Fire * 1. Mobile Data Computer Grant — Res. No. 5535 *2. 2002 Resolution for Task Force Participation — Res. No. 5544 C] Parks and Recreation 1. Advertise for Bids for Park Projects in Lions and Tahpah Parks 2. Ice Arena Cooling Tower Replacement D] Community Development 1. Final Plat of Prairie Village 6 Addition, located north of Valley View Road and east of CR 17 — Res. No. 5543 *2. Final Plat of Juergens 1" Addition, located south of CR 16 and east of the cemetery —Res. No. 5546 3. Final Plat of Southbridge Crossings 1'` Addition, located south of Southbridge Parkway and west of CR 18 — Res. No. 5547 *4. Waiver of Minor Subdivision Criteria 5. Transit Levy — Res. No. 5548 E] Personnel *1. Approve the Hiring of Engineering Technician II *2. Agreement for Recruiting and Hiring Services F] General - Administration * 1. On Sale and Sunday On Sale Liquor Licenses for Technics Construction Inc. dba Java Jills Specialty Coffees and C66 *2. Temporary 3.2 Percent Malt Liquor License - Jaycees *3. 20013.2 Percent Malt Liquor License Renewals *4. 2001 Wine License Renewals *5. 2001 Intoxicating Liquor License Renewals 6. Heyde Hospitality Inc. License Renewals 7. Purchase Agreement and Easement with Hennepin Parks for Murphy's Landing *8. Shakopee VFW Donations 9. Roofing Contract Design for Public Services Building and City Hall 'o . C hA Rt A 6 -� 1 0 O A114t I 01 RD { _ A X Rv4 10 e- G�oacc> TV R� u esT - 16] Council Concern= �j 17] Other Business 18] Adjourn .. 1I on a Vin 13 K a] V I - im re - 11VI Z M 11EGULAR SESSION SHAKOPEE, MINNESOTA I11 The meeting was called to order at 7:00 p.m. with Council members Link, Amundson, Sweeney and Mayor Brekke. Absent: Council member orke; Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director. The pledge of allegiance was recited. Amundson/Link moved to approve the Agenda as presented. Motion carried unanimously_ The following items were added to the Consent Agenda. 15. E. l Promotion of Scott Smith from Engineering Technician N to Project Engineer; 15.F.3 Purchase Agreement for Southbridge Elementary School Site; 151.4 Authorize Use of Credit Cards for the Payment of Recreational Fees. Sweeney /Amundson moved to approve the Consent Agenda as modified_ Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda_ Harold Schmidt, 329 South Adams Street, approached the podium and complained to the Council about the trucks going to /from Rahr Malting using Jake brakes. He wanted to know why this route was being used. Mr. Loney explained that he had spoke to the Rahr representatives about using Adams Street while 3r Avenue was under construction. Mr. Loney will follow up on this complaint and he will report back to the City Council. Sweeney /Amundson moved to approve the meeting minutes for March 20, 2001. (Motion carried under the Consent Agenda). Sweeney /Amundson moved to approve the bills in the amount of $304,946.51 plus $40,773.51 for refunds, returns, and pass through for a total of $345,720.02. (Motion carried under the Consent Agenda). Cncl_ Sweeney stated there were no liaison reports for this meeting because of the early date of the meeting. Jim Thompson, City Attorney, gave a report on the alleged liquor license violations. The purpose of tonight's hearings are to give the licensees who are charged with selling alcohol to a minor, the opportunity to appear before the City Council and admit or deny the violation. All of the violations this evening are first time offenses in the violation of liquor laws. The maximum penalty that the City Council can impose for these liquor violations is a penalty of up to $2,000, suspension of the Official Proceedings of the May 1, 2001 Shakopee City Council Page —2- liquor license up to 60 days, revocation of the liquor license or any combination of those penalties. The alleged liquor violations occurred in late October. If the licensee admitted the liquor violation the City Council could impose the penalty this evening, if the violation is denied then the City Council can set an administrative hearing or if the Council chose they could hear the violation this evening. Veterans of Foreign Wars, 1201 East Third Avenue, represented by Joseph Aimsworth, Commander of VFW Post 4046, approached the podium and admitted the violation and gave the circumstances_ The bartender had been spoken with along with other employees. Cncl. Sweeney wanted the Council to be consistent with all the penalties. Cncl. Amundson suggested that all violators be heard first and then the penalties could be given. She felt this would help with the consistency of penalties. Heyde Hospitality, Inc. (Arizona's,) 1244 Canterbury Road, represented by Jerry Sazma, corporate council for Heyde Hospitality and Jeff Andrews, general manager of Park Inn Suites in Shakopee, approached the podium and admitted the violation. Mr. Sazma felt there were a number of mitigating factors. The corporate office has taken steps in an attempt to avoid this violation in the future. They are trying to cooperate with the City of Shakopee. American Legion Club Post No. 2, 1266 East 1$` Avenue, represented by Douglas Olsen, manager of the Shakopee American Legion, approached the podium admitted the violation and explained the extenuating circumstances. The American Legion Club Post No. 2 does have programs in place in an attempt to avoid under age liquor sales at this time. The American Legion Post No. 2 asked for as much leniency as possible because they are a non -profit organization and wanted their record to be noted. Applebee's, 1568 Vierling Drive East, represented by Bruce Hanson, Attorney for Applebee's, approached the podium and admitted the violation. He did explain the circumstances and what Applebee' has done to try and prevent this type violation from occurring in the future. Fraternal Order of Eagles #4120, 220 West 2nd Avenue, represented by Charles Siebenauler, Trustee for the Eagles Club, approached the podium and admitted the violation. Steps have been taken to try and prevent this type violation in the future. The Eagles club is a non- profit organization and the Eagles consider themselves to be good neighbors in the community. He also asked for leniency. Pizza Huts of the Northwest, 257 South Marschall Road were not in the attendance at the meeting to admit or deny the alleged liquor violation. It was noted by the City Attorney that Pizza Huts of the Northwest, 257 South Marschall Road had been notified by certified mail with a returned receipt. If the alleged violator does not appear at the hearing the maximum penalty can be given and the Council can proceed. Official Proceedings of the May 1, 2001 Shakopee City Council Page -3- Amundson/Sweeney moved that the Veterans of Foreign Wars, 1201 East Third Avenue, Heyde Hospitality, Inc. (Arizona's,) 1244 Canterbury Road, American Legion Club Post No. 2, 1266 East I' Avenue, Applebee's, 1568 Vierling Drive East, Fraternal Order of Eagles #4120, 220 West-2 d Avenue, have a $1000 administrative penalty imposed. Motion carried 3 — 1 with Cncl. Link dissenting. The City Attorney recommended that the liquor license violators be given 10 -days to pay the fine. According to Mayor Brekke, the purpose of the liquor ordinance is to prevent non -profit as well as for -profit businesses from selling liquor to minors. Mr. Sweeney stated that typically the City Council sees this as a first time violation; that does not mean that this has not taken place before. This is the first time these establishments have been caught. Some how the minors in Shakopee are getting alcohol_ All businesses need to be held accountable equally. Jim Thomson, City Attorney, reported on the alleged liquor license violation of Pizza Huts of the Northwest because Pizza Huts of the Norwest was not in attendance at the meeting. Mr. Sweeney noted that the last time a licensee did not show up for a violation hearing, the penalty was increased. Sweeney /Amundson moved that Pizza Huts of the Northwest, 257 South Marschall Road, have a $1,000 administrative penalty and a 10 -day suspension of the liquor license imposed for their violation of the liquor license with the suspension of the liquor license to be May 11, 2001 through May 21, 2001. Motion carried unanimously (NOTE: The penalties ordered for Pizza Huts of the Northwest were not imposed on the new owner, SKY Ventures, LLC. dba/Pizza Hut, 257 S. Marshall Road.) A recess was taken at 7:38 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re- convened at 8 :00 p.m. Mr. Leek, Community Development Director, gave a report on the preliminary plat of Heritage Square by Town & County Homes, located south of Hwy 169 and west of the end of 17 Avenue west. Mr. Leek gave a brief orientation of the proposed plat. This area has been rezoned to Planned Residential District. Town and Country Homes is proposing several types of housing structures from single family to town homes. The conditional use permit review was held over several Board of Adjustment and Appeals meetings [BOAA]. There were several site plans over the course of these meetings with the Board. The most recent significant change in the preliminary plat of Heritage Square is the location of the proposed public park. All the streets are public streets within the plat; they meet all of the street design criteria. There are share driveways. After the Park and Recreation Advisory Board meeting, it was recommended that the public park should be located more centrally for this plat along with the Cherney Property located to the south of this plat. Therefore, the proposed park was relocated to the south so park development could continue into the Official Proceedings of the May 1, 2001 Shakopee City Council Page -4- Cherney property to the south of this proposed plat. Staff would like to see future 17` Avenue done all the way out to CR 79 fairly soon. Staff will take this item up with the developer. 483 dwelling units are proposed for this 65- acre site. 14 of these dwelling units are in the form of single- family homes located in the southeastern portion of the site. The density level is 7.2 on a gross basis. The park dedication is in the form of land and is about 5.7 acres in size. There are private areas created within the plat of Heritage Square for recreation also that will be maintained by the homeowner's association. There are proposed sidewalks in this development. There is a proposed median with plantings for 17`" Ave. This issue was discussed at length at the Boards meeting. 17`' Avenue may be turned over to Scott County at some time in the near future and the County commented that they do not want the median with planting in 17` Avenue. Scott County did say if 17 Avenue does proceed as proposed, they then would like to see the City of Shakopee or someone else maintain those plantings. The BOAA recommended to the City Council on that issue that the median and plantings be allowed to proceed as proposed with the responsibility of the maintenance of the plantings to be the homeowner's association. A condition stating this fact has been incorporated in the draft resolution. The parking requirement in the ordinance is far exceeded. The Planning Commission has already previously approved a CUP for this project. This is a continuation of that process. The Planning Commission did recommend approval of the preliminary plat proposal with conditions to the City Council on a 4 —2 vote and Mr. Leek has incorporated the conditions into Resolution No. 5518. The power lines to the north of the property were discussed as a possible logical place for a trail connection_ Mr. Leek and Mr. Loney spoke to this issue. Mr. Leek explained the rational of putting the large neighborhood park on the south side of 17` Avenue_ At this point, there are no specific plans for the crossing of 17` Avenue for pedestrians. The number of single- family lots was reduced from the original plan because of the location of the large centrally located park that was recommended by the Park and Recreation Advisory Board. The City Council was in favor of reducing the street width, because of all of the sidewalks within the development, if the land gained from reducing the width of the streets remained green space. Scott McMahon, Town and Country Homes, approached the podium and provided comments on the background to this property. Town & Country Homes have worked very diligently with the Planning Commission to get where they are today. There was an EAW done on this property and the alignment of 17` Avenue was exhaustively addressed and there was the coordination of this concept plan with the surrounding properties. This plan incorporates much open space. Town & Country Homes has the goal of creating a pedestrian oriented community. Town and Country Homes would be happy to address the street width if that is the desire of the Council. After discussion with staff and the Park Board it was decided that the best location for the public park was on the south side of 17` Avenue. It was because of the new location for the public parks that Town and County Homes lost space for the single - family homes. Mr. McMahon described the style houses that would be built on the property. Official Proceedings of the May 1, 2001 Shakopee City Council Page -5- Sweeney /Amundson offered Resolution 5518, A Resolution of the City of Shakopee, Minnesota Approving the Preliminary Plat of Heritage Square subject to the conditions as proposed, and moved its adoption. Mr. Leak commented on the median and said he did not think the City would accept the median. There would be trees along the Boulevard. Motion carried unanimously_ Mr. Leek gave the staff report on the Shakopee Crossings Planned Unit Development, located west of CSAH 18, south of TH 169, and north of Southbridge Parkway. Mr_ Leek gave an orientation of the project. The preliminary plat has already been addressed and before the Council tonight is the PUD. This PUD is basically a commercial development that proposes approximately 500,000 square feet of retail area_ Wal -Mart will be the first user to occupy this site. The initial store will be approximately 149,000 square feet with room for an expansion at that site. The Planning Commission reviewed the PUD and on a vote of 6-0 and recommended approval of the proposed PUD with the conditions that are contained in draft Resolution 5515 to the City Council. The condition regarding the traffic concerns has been incorporated into the conditions of the draft Resolution 5515. Mayor Brekke addressed the parking lots sitting empty. Mr. Leek has looked at this problem but is unsure of how this problem should be addressed. Mayor Brekke would like to see this problem of empty parking lots followed up on. Steve Soltau, Shakopee Crossings, approached the podium and discussed the PUD. Mr. Soltau addressed the parking question and stated that the parking requirements that are required in the City of Shakopee are fairly standard throughout the country. Developers find the commercial green space best done on the perimeter of the commercial development. In the PUD, there will be some landscaping around the ponding areas and this landscaping can be worked on some, along with the buffering area. The sidewalk connections were done in conjunction with the public street alignment. There will be sidewalks on both sides of the street and it is anticipated that these sidewalks will tie in with other sidewalks_ The sidewalks are to separate the pedestrian and bicycle traffic from the vehicular traffic. Mr. Soltau stated that it is envisioned to have internal pedestrian traffic movement as well. Mr. Soltau requested modification of the second condition. This condition related to traffic concerns. Each user of the PUD is anxious to start construction and this condition of traffic concerns will be addressed in the final plat perhaps through an amendment, but Mr. Soltau would like this condition pertaining to the signalization and lighting at the intersection of CR 18 and Southbridge Parkway (a traffic concern) removed from the PUD so he would not have to come back and address this condition at a later date. Mr. Soltau wanted to get the signalization and the lighting up on Southbridge Parkway and CR 18 as soon as possible. Mr. Soltau addressed the construction traffic. Mr. Soltau felt the construction traffic would be coming and going at different times from the Official Proceedings of the May 1, 2001 Shakopee City Council Page -6- residents traffic and there would not be that much construction traffic anyway. The traffic construction volume changes. There was no doubt in Mr. Soltau's mind that the signalization, lighting and road improvements will be done this summer_ Greg Frank, Engineering consultant for Wal -Mart approached the podium and addressed the parking in front of the proposed Wal -Mart. The 1" phase of the project will only construct part of the parking as proposed on the site plan. The part of the parking that is not constructed at this time will be kept green. When/if an expansion to the Wal -Mart store is constructed; the parking area will be reassessed. If the expansion does not require more parking, then this area will be left green; if more parking is needed then the parking space will be available. Mayor Brekke asked Jim Thomson about the restriction of the building permits in this PUD. Mr. Thomson thought perhaps Mr. Leek put the condition regarding the building permits in the draft resolution just to make sure this condition was not overlooked. Cncl. Amundson thought the issuing of building permits was a fairness issue_ She thought maybe the building permit issue should be rethought. Meeting the warrants for the signalization was important along with providing a safe intersection for the residents. To meet the warrants Scott County needed to know what was going into the PUD (businesses) and besides the construction traffic could help meet the warrants also. Mr_ Leek stated the City might not be in a position to issue building permits for all the lots in the PUD until the final plat is approved. Sweeney /Amundson offered Resolution No 5515, A Resolution Of The City Of Shakopee, Minnesota, Approving A Planned Unit Development for Shakopee Crossings with conditions and moved its adoption. Mr. Sweeney felt the needs of the school district needed to be considered. He felt the sub - structure for the signalization could be done without meeting the warrants. Mr. Loney replied if this were a City street yes, the sub - structure could go in. This is not a City road it is County road. This road is County jurisdiction and the County has jurisdiction over traffic control and the warrants do need to be met_ Mr_ McNeill noted that a purchase agreement along with the building permits for the school site were approved under the Consent Agenda earlier this evening. If the City Council wanted to revisit this issue, they could certainly do that. Mr. Leek suggested deleting the second line of the Condition # 2 that states "specifically, but not exclusively, this includes the restriction of the issuance of building permits until completion of the intersection improvements and signalization at Southbridge Parkway and CSAH 18 ". Sweeney /Amundson moved to amend the main motion by deleting the second line of the Condition # 2 that states "specifically, but not exclusively, this includes the restriction of the issuance of Official Proceedings of the May 1, 2001 Shakopee City Council Page -7- building permits until completion of the intersection improvements and signalization at Southbridge Parkway and CSAH 18 ". Motion on the amendment carried 3 -1 with Cncl. Link dissenting. Mr. Leek addressed the outside lighting of the commercial development. The outside lighting has also been addressed in a condition. Mr. Leek suggested another condition could be incorporated in the resolution stating that before expansion of the Wal -Mart parking lot takes place a review of the parking requirements should be taken to maximize green space. Sweeney /Amundson moved to amend the main motion to incorporate another condition into the resolution stating "that before expansion of the Wal -Mart parking lot takes place a review of the parking requirements should be taken to maximize green space. Amended motion carried 3 —1 with Cncl. Link dissenting. Main motion as amended carried 3 — 1 with Cncl. Link dissenting. A recess was taken at 9:05 p.m. The meeting reconvened at 9:19 p.m. Mr. Leek gave the staff report on the Stratford Village Planned Unit Development, located south of Southbridge Parkway, west of CSAH 18 and east of Whitehall Road. Mr. Leek gave an orientation of the project. Mr. Leek stated this is part of Shakopee Crossings 1 Addition preliminary plat area that was reviewed at a previous meeting. Access to this site along with access to the School District site will be off of the same public road ending in a cul -de -sac off the School District property. To the north of this plat is the proposed neighborhood commercial. To the north is the Shakopee Crossings PUD containing the Wal -Mart Store. This PUD is a 13.97 -acre site with the proposed project containing a proposed residential PUD consisting of a townhouse development. The density is approximately 8.6 units per acre. There are proposed public streets within this PUD. This PUD shows the parking to be different from other town house developments in that most of the parking is to the back of the structure. The open space does exceed the requirement slightly. The parking requirement is exceeded substantially. The Planning Commission reviewed this PUD over several meetings and eventually did recommend approval of the PUD with the conditions that are before the City Council this evening. Mr. Leek highlighted the street widths and setbacks within the PUD. Three separate variances in the setbacks have been requested. Mark Sonstegard, representing Ryland Homes, approached the podium and oriented Stratford Village. Strafford Village will contain two product types. There were three areas that Ryland Homes were particularly sensitive too_ These areas were: 1) how does this site look from Street "C "; 2) what will this site look like as you come into the school property; 3) sensitivity to the future CR 21. The Urban Town homes were used along the streetscape, because it was felt these homes were more visually attractive. Stratford Village continues the theme of the Southbridge development. Official Proceedings of the May 1, 2001 Shakopee City Council Page -8- Mayor Brekke asked if Ryland Homes have built the homes with a 10' setback elsewhere. Ryland Homes feels the 10' setback is reasonable because driveway length does not need to be a consideration with this type product. The homes with a 10' setback have occasionally been built elsewhere. Ryland Homes staggers their homes in this development. The 10' setback is from the property line. Ryland Homes requested one building permit so they could get a model home started on this development. Mayor Brekke stated the City Council was not willing to deal with the building permit this evening. A report back from the Public Works Director was needed along with a report from the County where the warrants are at this time before the building permits issue will be revisited. Amundson/Sweeney offered Resolution No. 5519, a Resolution Of The City Of Shakopee, Minnesota, Approving A Planned Unit Development For Stratford Village with conditions as presented, and moved its adoption_ Cncl. Sweeney thought this was an interesting concept that Ryland Homes was suggesting/presenting. Motion carried 3 —1 with Cncl Link dissenting. Mayor Brekke asked Mr. Loney to follow -up with the County on the warrant and signalization status on CR 18 and Southbridge so the City Council could get a policy in place regarding building permits in the Southbridge area. Sweeney /Amundson offered Resolution No. 5520, a Resolution Of The City Of Shakopee, Minnesota, Approving An Amendment To The Planned Unit Development 4 17 For Shakopee Valley Marketplace, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Amundson moved to consider the updates to the Community Center operational policies as recommended by the parks and Recreation Advisory board. (Motion carried under the Consent Agenda). (cc Doc. No. 304) Sweeney /Amundson offered resolution No. 5524, A Resolution Amending Resolution No. 5461: 2001 Fee Schedule, and moved its adoption. (Motion carried under the Consent Agenda). Amundson/Sweeney offered Resolution No. 5525, a Resolution Amending Resolution No. 5461: 2001 Fee Schedule, and moved its adoption. (Skate Park non - resident fees) Mayor Brekke suggested that a wristband could be gotten from inside the Community Center. Official Proceedings of the Shakopee City Council May 1, 2001 Page -9- Mark Themig Facilities and Recreation director, stated why the word recommended was used as opposed to the word required. Motion carried unanimously- Sweeney/Amundson offered Resolution No. 5502, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat of Pheasant Run 8` Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Amundson offered Resolution No. 5521, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of A.C.C. Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Amundson offered Resolution No. 5522, A Resolution Of The City Of Shakopee, Minnesota Approving The Final Plat Of Garden Lane Addition, and moved its adoption. (Motion carried under the consent Agenda). Sweeney /Amundson offered Resolution No 5523, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Easement Within Canterbury Park ls` Addition, and moved its adoption_ (Motion carried under the Consent Agenda). Sweeney /Amundson offered Resolution No. 5526, A Resolution Ordering an Improvement and Preparation of Plans and Specifications For County State Aid Highway 83, From 12 Avenue to 1870 Feet South of the Existing Intersection of County State Aid Highway 16; And For County State Aid Highway 16, From 850 Feet West Of County State Aid Highway 83 to 1500 Feet East of County State Aid Highway 83- Project No. 2001 -4, and moved its adoption. Mr. Loney gave the staff report on ordering Improvement and Preparation of Plans for CR 83 /CR 16 Improvement. A public hearing on this resolution was before the Council on April 23, 2001; at that time, it was felt that before proceeding further, the City should hear from Scott County and the Shakopee Mdewakanton Sioux Community on the possibility of the City of Shakopee acquiring the needed right -of -way. Scott County voted to accept the feasibility report on April 24, 2001, with the recommended alternative No. 2 being the alternative Scott County preferred as well as the City of Shakopee. Scott County did agree to participate in the cost as outlined in the feasibility study. Scott County also directed their staff to proceed with a corridor study for CR 16, east of the proposed project to TH 13 with an emphasis on the CR 16 corridor study from just east of CR 83 to CR 18. Scott County has also stated to prepare a Memo of Understanding that was presented at the Board meeting and is attached to this report for the Council's review, they also directed staff to begin preparation of a cooperative agreement with the City of Shakopee for the proposed upgrade of CR 83/CR16. Mr. Loney felt the draft Memo Of Understating that was before the Council tonight, was prepared fairly well. Mr. Loney did make three comments regarding the draft Memo Of Understanding, where he felt changes needed to be made. These changes were: 1) the traffic Official Proceedings of the May 1, 2001 Shakopee City Council Page -10- limitations would need to be matched with the traffic limitation within the AUAR; 2) the time that the City of Shakopee would have to complete their east -west minor arterial (the completion of 17th Avenue to CR 83), Mr. Loney would like 4 years; 3) signature columns needed to be added on the signature page for the City Clerk and the City Administrator. This Memo of Understanding is for Project No. 2001 -4 and also for the jurisdictional transfer of 17 Avenue to the Scott County once 17` Avenue is completed and the City taking over CR. 16 west of CR. 83. Prior to the construction of the improvement to CR 16 /CR 83, the City would also enter into a cooperative agreement with Scott County. The City of Shakopee would be the lead agency in the plan to improve CR 16 /CR 83 that would need to be approved by Scott County and MnDOT prior to moving forward with construction. There appears to some movement on the part of Shakopee Mdewakanton Sioux Community to continue working with the City of Shakopee on possible right -of -way negotiations for the needed land. Mr. Loney felt certain steps needed to be completed before he could order the project. These steps were: 1) Petition and waiver of assessment appeal from the developer, Valley Green Corporate Center, this has been received. A preliminary plat for Valley Green Corporate Center has been started and is now continued. 2) A Memo of Understanding between the City of Shakopee and Scott County on jurisdictional transfer, that is before the Council tonight. 3) A Cooperative agreement would need to be prepared by Scott County and presented to the Council prior to the award of contract for this project if this project does proceed (a public hearing for these improvements was held on March 20, 2001). Mr. Loney had a meeting with MnDOT for approval of this project from them and they stated that this proposed project as is, is acceptable to MnDOT. MnDOT will control all the traffic signals along CR 83, there is a limiting factor on the traffic that will come out of Valley Green Corporate Center as stated in the AUAR. MnDOT would like to see this condition in the Preliminary Plat approval. An extension agreement with WSB has been included for an extension of their design services for this project if the project does move forward. There was discussion on the City vs. the County taking the lead in this project and also on the acquisition of the Native American lands. Mayor Brekke was very optimistic on the Native Americans seeing benefit to their land with the CR 16 /CR 83 project and Native Americans becoming willing to let the City of Shakopee buy the amount of land that is needed to complete the project and also the possible frontage road along CR 16. Right now there is no formal agreement but future meetings are scheduled. Cncl. Sweeney stated there was enthusiasm within the County Board for addressing traffic problems on CR 16, Mr. Chuck Rickart, Traffic Engineer on this project, addressed the traffic limitations on the intersections as imposed by the AUAR. Mr. Rickart also explained how he designed the intersections and how the traffic limitations would be addressed. Gary Anderson, Eagle Creek Boulevard, was one of the neighbors affected by the realignment of CR 16. He felt the City should wait to order the project until the corridor study could be used in making the project decision. Official Proceeding of the May 1, 2001 Shakopee City Council Page -11- Kathy Gerlach, 4855 Eagle Creek Boulevard, addressed Mayor Brekke on the negotiations of tribal land and what the possible effect of eminent domain proceedings for the 1/3 -acre would have on future needed tribal lands. Mayor Brekke stated that the Scott County sees the issues involved and the need to acquire this right -of -way land before the Native American land goes into the Land Trust_ Mayor Brekke noted that the City of Shakopee needed to stay involved in the County, roads that are in Shakopee_ Mr. Loney addressed the question of the Blue Lake Storm Water Plan that Ms. Gerlach asked him_ Mr. Loney and Mr. Rickart also addressed the traffic concerns/safety and traffic projections that Ms. Gerlach and the Council had regarding the traffic on CR 83. She was hoping that the City of Shakopee could get more involved with written/formal input to the County regarding safety /driveway concerns. Jon Albinson, Valley Green Business Park, approached the podium to clarify an item. Mr. Albinson stated he thought the traffic analysis should be done at the time application for building permits are submitted rather than at the time of platting_ The plat is really only a subdivision of land; it is at time of building permit application that the City will then know what is going into the site. City staff and developers can work this out through a Developers Agreement. Mr. Jim Thomson, City Attorney, thought there should be some condition in the plat approval process that stipulated that before a building permit is issued a traffic analysis has to be done. Heidi Groff, 5310 Eagle Creek Boulevard, approached the podium to underscore the need for the frontage road along CR 16. She said that it is needed for the safety of residents along CR 16. Mr. Rickart stated that Scott County indicated to him that the CR 16 alignment that has been developed for the City already up to McKenna Road would not be changed. The frontage road concept is the concept that Scott County wants WSB to proceed with. Sweeney /Amundson moved to called the question. Motion carried 3 —1 with Cncl. Link dissenting. Main motion to adopt Resolution No. 5526 carried 3 —1 with Cncl. Link dissenting. Sweeney /Amundson moved to authorize staff to execute an extension agreement with WSB & Associates, Inc. for survey preparation of easements and design engineering services as necessary for the 2001 -4 Project. Motion carried unanimously. Sweeney /Amundson moved to authorize the purchase of a cab and chassis from Boyer Trucks, Inc. for the purchase price of $44,824 with payment to come from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda). Official Proceeding of the May 1, 2001 Shakopee City Council Page -12- Sweeney /Amundson moved to approve the job description of Project Engineer. (Motion carried under the Consent Agenda). (cc Doc. No. 306) Sweeney /Amundson moved to appoint Scott Smith to the newly created Project Engineer position at a salary of 548,392, which is Step 5 of the 2001 Non -Union Pay Plan. (Motion carried under the Consent Agenda). Sweeney /Amundson offered Resolution No 5527, a Resolution Amending Resolution No 5455 Which Adopted The 2001 Pay Schedule For The Officers and Non -Union Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Amundson offered Resolution No. 5501, A Resolution Appointing Individuals To Various Boards And Commissions, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney /Amundson moved to approve the use of the Council Chambers by the Shakopee Public Utilities Commission on the I and 3rd Mondays of the month. (Motion carried under the Consent Agenda). Sweeney /Amundson moved to authorize the execution of the purchase agreement for the sale of 11.421 acres of land in the Southbridge development from the City, to ISD 720. Motion carried under the Consent Agenda). Sweeney /Amundson moved to authorize issuance of Building Permits for the school building and appurtenances upon satisfactory completion of the application process. (Motion carried under the Consent Agenda). Sweeney /Amundson moved to authorize staff to proceed with accepting credit cards for the payment of recreational fees. (Motion carried under the Consent Agenda). Jon Sinnen, President of the Fire Relief Association, along with Scott Theis, Treasurer of the Fire Relief Association, approached the podium to discuss the Fire Relief pension benefit level increase. The Fire Relief Association is asking for a 14 %/15% increase in the benefit level. There was discussion on the levy limit and the impact on the City's ability to fund the increases. This will be a levy limit not a tax capacity limit. Sweeney/Link moved to accept the proposed fire relief pension program with the provision in it that if worse comes to worse then the Fire Relief Association has the ability to levy dollars on their own. The City Attorney will check to see if under current legislation this can be done. There was clarification on the motion. Motion carried unanimously. Official Proceeding of the Shakopee City Council May 1, 2001 Page -13- Mr. McNeill, City Administrator, addressed the code officer question brought up by Cncl. Link. Pictures were distributed to the Council as to what the City neighborhoods are beginning to look like. Mr. McNeill encouraged residents who have problems in their neighborhoods that are irritating to them, to direct these to City Hall. The City needed to know the property address and the City would follow up on the complaint. A report will also be given to the City Council as to what the code enforcement officers do. It was noted that the EDA appeal of Barb Breuer and David Buckhalton needed to be readdressed in a special meeting of the EDA at the next Council meeting. Sweeney/Link moved to adjourn to Tuesday May 15, 2001, at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 10 :53 p.m. J dith S. Cox City Clerk Carole Hedlund Recording Secretary CITY OF P Memorandum I TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: June 14, 2001 Introduction and Background Attached is a print out showing the division budget status for 2001 based on data entered as of 6/14/2001. Attached is a regular council bill list for invoices processed to date for council approval. Also included in the checklist are various refunds, returns, pass through, etc. totaling $350,679.05. The actual net expense amount is $651,562.80. Action Requested Move to approve the bills in the amount of $1,002,241.85. 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LL F Z Y U W W W z z~ Z W Z (J Z U > >> K 0 �- (� t=i Z T M W D O U- 0 LL LL W m m U Z Z W Z O J OJ Q Z W J LL LL W i=- Q w g C7 Z F- [z g W Z W m Q Q LL Y Q F W T j� Q d 0 D Z M M M a� O u. U 5- O U (D W U W rn m Q d Q W U (O H W (Q K W m W D m w W CL LO O O O M of N O N O N O o O O O O O O O _O t17 N O V E m O O N N O O (') ('� O V' O R 1� m C r r (O w r [O O co O O U O 6 5 O O O 0 O O O O O O O O CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Easement within Canterbury Park 1St Addition MEETING DATE: June 19, 2001 CASELOG NO.: 01073 R.J. Ryan Construction Company has submitted an application for vacation an easement within Canterbury Park 1S Addition. The proposed area for vacation is located within Lots 3 and 4, Block 1, Canterbury Park 1St Addition. This application for vacation of easements was on the City Council agenda for June 5, 2001; however, the public hearing was continued because the applicant requested additional time to provide information to staff. The applicant is planning to proceed with a construction project should the vacation for this area be acted upon favorably by the City of Shakopee. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has reviewed this request and has recommended denial of the request based on comments received from the Engineering Department. However, since the time of Planning Commission review, the applicant has provided engineering staff with further information regarding drainage issues. After reviewing the supplemental information, the engineering department is now recommending approval of the vacation request. Please see Exhibit A for comments received from the Assistant City Engineer. Attached, for your review, is a copy of the Planning Commission report of May 17, 2001. ALTERNATIVES: 1. Approve Resolution No. 5 53 8, a resolution of the City of Shakopee approving the vacation of easement within Canterbury Park 1S Addition. 2. Deny the proposed vacation. 3. Continue the public hearing. 4. Close the public hearing and table the request to allow staff or the applicant time to provide additional information. ACTION REQUESTED: Offer a motion to approve Resolution No 5538, and mov its adoption. f J Klima anner H g: \cc\2001 \cc0619 \vacgltyfrk1ft.doc RESOLUTION NO. 5538 • RESOLUTION O' CANTERBURY VACATING EASEMENT WITHIN 11 CITY OF SHAKOPEE, SCOTT COUNTY, . WHEREAS, it has been made to appear to the Shakopee City Council that a portion of easement described below, serve no public use or interest; The northwesterly 15.00 feet of the 20.00 foot drainage and utility easement lying adjacent to the southeasterly line ofLot 4, Block 1, Canterbury Park I' Addition, Scott County, Minnesota, which lies 15.00 feet southeasterly and adjacent to the following described line: Commencing at the most southerly corner of said Lot 4; thence North 39 degrees 08 minutes 57 seconds West, an assumed bearing along the southwesterly line of said Lot 4, a distance of 20.00 feet; thence northeasterly 20. 00 feet along a non - tangential curve concave to the northeast, said curve has a central angle of 03 degrees 31 minutes 26 seconds, a radius of 325.27 feet and a chord which bears North 49 degrees 58 minutes 41 seconds East, to the intersection of the southwesterly and southeasterly 20 foot drainage and utility easements, and said point being the point of beginning of the line to be described: thence continue 126.40 feet along last described curve said curve has a central angle of 22 degrees 15 minutes 51 seconds and a radius of 325.27 feet; and said line there terminating WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 5` and 19"' days of June, 2001; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEYNEWS and by posting such notice on the bulletin boards on the main floor of the Scott County Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2_ That the easement described above serve no further public purpose; and 3. That the easement described above are hereby vacated. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 2001. Jon P. Brekke Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk • I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5538, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the day of , 2001, as shown by the minutes of the meeting in my possession. Dated this day of 1 2001. Judith S. Cox, City Clerk City of Shakopee Memorandum TO: Julie Klima, Planner II D II101 s JUN 1 4 2001 F� FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Easement Vacation — Quality Forklift DATE: June 14, 2001 Since the time this item was brought to the Planning Commission, the applicant has submitted additional information regarding the proposed vacation. More specifically, the applicant has provided staff with a plan describing how the drainage will be handled for this site. Staff has reviewed the proposed plan, and agrees it is acceptable. At the time of building permit submittal, staff will review the permit application to insure the plan will be implemented. Therefore, the engineering staff now recommends that the vacation be allowed. ccrvs CITY OF SHAKOPEE Memorandum SE LOG N -: TO: OM: SUBJECT: ETING DATE: Site Information Applicant: Site Location: Adjacent Zoning: r r Shakopee Planning Commission Julie Klima, PIanner II Vacation of Easement within Canterbury Park l' Addition May 17, 2001 R. J. Ryan Construction, Inc. Lots 3 and 4, Block 1, Canterbury Park 1 Addition North: Heavy Industrial (I2) Zone South: Heavy Industrial (I2) Zone West: Heavy Industrial (L) Zone East: Heavy Industrial (I2) Zone lntroducnon The City Council has received a request from R.J. Ryan Construction. Inc. to consider the vacation of a portion of drainag and utility easement located within Lots 3 and 4. Block 1. Canterbury Part: 1 Addition (see Exhibit A). Discussion The Cite Council will hold a public he aring on June 5, 2001, to consider this vacation request_ A rf conunendation from the Planning Commission i es s ri=ded for the vacation process- The applicant is planning to proceed with a construction project should the vacation for this area be acted upon favorably by the City of Shakopee. Other agencies. city departments and utilities have been notified of the proposed vacation. Staff has received comment from the Engineering Depamnent recommending denial of the request Please refer to the attached memo from the Assistant Citv Engineer for additional information. Alternatives 1. Recommend to the City Council the approval of the vacation. ice, �uttuti�t :u � utu t-iL` L•UWjtl :l ut utu L�;qW. L. �. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation Staff recommends Alternative No. 2, recommending denial of the easement vacation request to the City Council. Action Requested Offer and pass a motion recommending to the City Council denial of the easement vacation. g• \�_pct2W 1\05- 1 ?��a� qualit}2brklid.da -Blvd -- ki '* us t I It- place U IN W+ � s Zoning Boundary -'i Parcel Boundary PETERS . PRICE & SAMSON JAND § URVEYORS , LTD 10 PMNCZTON AVKNUE SOUTH. H • 812 NJT08'57 - W 20.00 PROPOSED VACATION Most southerly corner of Lot 4 The Northwesterly 15.00 feet of the 20.00 foot dminage and utility easment lying adjacent to the southeasterly line of Lot 4, 61ock 1, Canterbury Pork 1ST Addition, Scott County, Uinnesate, winch lies 15.00 feet sou hecsrer:y erd edjccent to the following described line: Commencing at the most southerly comer of said Lot 4: thence North 39 degrees 08 minutes 57 seconds West, an assumed bearing thence northeasterly 20.00 feet along a non— tengenticl curie concave to the northwest, said curve has o central angle of 0.3 degrees 31 minutes 25 seconds, a radius of 325.27 feet and o chord which bear.? North 49 degrees 58 minutes 41 seconds East, to the intersection of the southwesterly and southeasterly 20 foot dreincge and utility easments. and said point being the point of beginning of the line to be described: thence continue 126.40 feet along lest described curve said cure has a central angle of 22 degrees 15 minutes 51 secor.Cs and a radius of 325.27 feet: and said line there termincting. hereby certify that this plan. Mart or lPe l « on Sur prepared t)y t c" der my My rect supervision and that I an+ o duly refit I the State of 1ltnne90ta. s surveyed cy us this 5 - rPF day of App t-- 20 01 TO: Julie :Klima, PI=1977 1 FROM: Joel Rutheri �sisrant City Engineer SUBJECT E3sernent vacation — QuaIity Forkl ift DATE: hfay 9, 200 After reviewing :he above reference = , of caL.`on. I Rare lie iollow'ing Otnmenu for tie applicant, and for the planning de_ar--:r:ent: The proposed vacation is for an area that has had drainage problems. The lots adjacent to the .n ^g :o deco`. that have been as high as the railroad u cats. During a recent site deposits of sand were observed. which indicates the past problems have not been totaiIy corected. Typically the City requires a 10 -foot drainage and utility easement along all rear lot lines. W Wen two lots abut each other, the result is a ?0 -foot drainage and utility easement. Even though the easements are recorded on plats as drainage and utility e ase:rents. these rear lot easements are used almost e cclusivei•� for drainage. Because of the railroad cracks. the only drainage easement available is the 30 - foot easement located on the applicant's lot. Staff believes the proposed vacation would restrict the options available to correct any drainage problems that exist today or any problems that may develop in t he _Future. Therefore, staff recommends that the 15 -5oot (wide) vacation be denied, unless the applicant submits - ve the draina-ge of the information that shows the existing lso believes eves that any existing to tingdrainage problems would be developments upstream. Staff a made worse by vacatin, the existing easement. f CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 2000 Auditor's Report DATE: June 14, 2001 A copy of the 2000 Comprehensive Annual Financial Report for the City of Shakopee and the auditors report were previously sent to you. Please bring the reports to the 6/19 meeting. There is a great deal of information in the report and some of it is summarized in the letter in the introductory part of the report. The report is laid out so that the summarized data is on pages one through eight with the accompanying notes immediately following. More detailed financial data comes after the notes. Staff normally does not make a presentation to Council at a meeting because the information is in the written report. If council members have questions, please feel free to call or meet with me to review the report. Council has retained the firm of Kern, DeWenter and Viere, Ltd. to audit the city's financial records and make a report to council. Their opinion on the report is page XV and their compliance report is page 132 of the report. At the council meeting of June 19, 2001, the auditors will present their report to council. Steve Wischmann - Audit Manager will make the presentation. \financeAcafr00AaLi dif600 For the Fiscal Year Ended December 31, 2000 GREGG M. VO)MAND, Director of Finance MEMBER OF GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA 129 HOLMES STREET SOUTH SHAKOPEE, MN 55379 Shakopee, Minnesota 11 i • POLICIES PROCEDURES AND INTERNAL CONTROL December 31, 2000 s CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 2001 TIF Recap DATE: June 14, 2001 Introduction Councilor Sweeney has requested a review of the status of the various TIF Districts in Shakopee. Background Because of the potential changes in the tax laws that the legislature has not yet adopted, there could be a serious threat to the financial health of TIF districts in the state. The TIF districts on Shakopee are in fairly good shape. A review of the districts follows; TIF #1 - Kmart 12/31/00 Balance $ 686,882 2001 Income 776,478 2002 Income - Est. 45% of 2001 349,000 Interest income 11,000 Construction costs - balance of interceptor (158,253) Debt service (1,490,597) Return to County (174,510) TIF #11 - Seagate Seagate is a "pay as you go" district. If tax rates or tax capacity rates go down, Seagate pays less in taxes. The City /EDA is only obligated to pass back to Seagate the taxes received from the county and city levies on the Seagate parcel. There is no direct effect for the City /EDA. ADC #1 and #2 The financing of ADC involves "local effort TIF ". Like Seagate, the City and the county are only obligated to return to ADC the taxes received from the county the city levies on those parcels. There is no direct effect for the City /EDA. TIP District #10 - Blocks 3 &4 Bond issue "C" for the project is the loan from the City. This has first claim on revenues from the retail portion of the project. There is $830,000 outstanding. Bond issues "D" and "E" are for the retail portion of the project. They have second claim on the revenues and the projected TIF income would supply 20% of the needed debt service funding. If revenues and TIF are insufficient to meet the debt service, the City is then responsible for making up the shortfall through the General Fund or a tax levy. There are $945,000 and $1,170,000 respectively outstanding. The first floor retail of the project has a master tenant paying rent to the Scott County HRA under a 35 -year lease, which may be terminated in 25 years. The term of the TIF district and the bonds is 25 years. Theoretically, the rent revenue to support the debt service should be in place for 25 years. Rent was projected at $215,671 and is currently on track. TIF income for 2001 is expected to be $34,675 versus a projected $39,276 when the bonds were issued. If the legislature dissolved TIF totally, the City would have to make up about $40,000 annually. There is also a bond issue for the residential portion that has city G.O. backing. The 1997A issue has $3,450,000 outstanding. Housing net revenues are the first source of funding and the City backing is second. The Legislature has made some provisions for short falls in TIF districts through a grant program. At this time I do not know the details or the amount of funding that could potentially be available to the City /EDA. The final outcome of legislation will determine what options will need to be examined. Gregg Voxland Finance Director C= \gregg \memo\ CITY OF SHAKOPEE Memorandum CASE NO.: TO: FROM: SUBJECT: 1 1•: Mayor and City Council Mark McNeill, City Administrator Mark Noble, Planner I Proposed Text Amendment to City Code Section 11.44 Allowing Retail Auto Sales as a Conditional Use in the Light Industry Zone (I -1). MEETING DATE: June 19, 2001 At its May 3, 2001 meeting, the Board of Adjustment held a public hearing on a determination from the Board to find that retail auto sales would be a use similar to those uses found in SEC. 11.44. Light Industry Zone (I -1), Subdivision 3. Conditional Uses (Exhibit A) since retail auto sales is not listed in the I -1 Zone of the ordinance. At the May 3r meeting, there was considerable discussion on the proposed use of this property, located at 8807 13` Avenue East (Exhibit B). The Board voted 7 -0 that the proposed use is dissimilar to those found in the I -1 Zone; however, the Board asked staff to report back with draft language for approving a text amendment to allow this use as a conditional use of the I -1 Zone. The Board also discussed possible criteria that could be required for approving a conditional use permit in the I -1 Zone for vehicle sales, which are noted below: • Limit number of sales and the percentage of sales. • Must serve as an accessory use of the principle use. • Vehicle retail sales limited to used automobiles. • No person shall operate a retail auto sales business on property on which any part is within 200 feet from any property developed or zoned for residential uses. At the June 7, 2001 Planning Commission meeting, the Commission, by a vote of 3 to 3, did not make a recommendation on this text amendment. The vote was taken on a revised Ordinance, which included modifying Condition No. 1 by decreasing the percentage of retail sales from 50% to 20 %, modifying Condition No. 7 by removing "or rent ", and adding Condition No. 14 to read " vehicles sales area is to be paved ". 1. Approve Ordinance No. 601, amending City Code Section 11.44, Subd. 3 as considered by the Planning Commission. 2. Approve Ordinance No. 601 with revisions based on other direction from the Council. 3. Do not approve the text amendment. 4. Continue the public hearing. 5. Close the public hearing, but table the matter to request additional information. F,TKVC IWff1 1 Offer and pass a motion consistent with the Alternative No. 1, 2 or 3. t � No- G:\Cc\\2001\0619\qItycoach.doc (27- 057002 -0) 1 1 1 1 1 1 t USES IN 1 INDUSTRY ZONE THE CITY COUNCIL Clime F THE CITY OF SHAT OPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Regulations, Section 11.44, Subdivision 3, (Conditional Uses). is hereby amended by adding the language which is underlined and deleting the language which is stoue k t : Section 11.44, Subd_ 3. Conditional Uses. R. retail auto sales, subject to the following conditions: 1. Limit the percentage of retail sales to no more than 20% of the business. 2. Must serve as an accessory use of the principle use. 3 _ Vehicle retail sales limited to used automobiles only. 4. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses. 5. shall not store any vehicles which are unlicensed and inoperative for more than seven (7) days except in appropriately designed and screened storage areas_ 6. shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 7. shall not have any outside storage or display except of vehicles for sale. 8. shall not have a public address system which is audible from any residential property. 9. shall screen all storage areas. 10. shall screen all display areas adjacent to a residential zone. 11. shall apply the parking setback to all areas where vehicles are located. 12. shall maintain a landscaped buffer 100 feet wide from any residential zone. 13. all motor vehicle dealers shall be licensed by the State. 14. vehicle sales area is to be paved. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 1 2001. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum • 1 1•: TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Proposed Text Amendment to City Code Section 11.44 Allowing Retail Auto Sales as a Conditional Use in the Light Industry Zone (I -1). STING DATE: June 7, 2001 At its May 3, 2001 meeting, the Board of Adjustment held a public hearing on a determination from the Board to find that retail auto sales would be a use similar to those uses found in SEC. 11.44. Light Industry Zone (I -1), Subdivision 3. Conditional Uses (Exhibit A) since retail auto sales is not listed in the I -1 Zone of the ordinance. At the meeting, there was considerable discussion on the proposed use of this property, located at 8807 13 Avenue East (Exhibit B). The Board voted 7 -0 that the proposed use is dissimilar to those found in the I -1 Zone; however, the Board asked staff to report back with draft language for approving a text amendment to allow this use as a conditional use of the I -1 Zone. The Board also discussed possible criteria that could be required for approving a conditional use permit in the I -1 Zone for vehicle sales, which are noted below: • Limit number of sales and the percentage of sales to no more than 50% of the business. • Must serve as an accessory use of the principle use. • Vehicle retail sales limited to used automobiles. • No person shall operate a retail auto sales business on property on which any part is within 200 feet from any property developed or zoned for residential uses. Planning staff suggests the following changes for the Commission's consideration: Subd. 3. Conditional Uses. IL retail auto sales, subject to the following conditions: 1. Limit the percentage of retail sales to no more than 50% of the business. 2. Must serve as an accessory use of the principle use. 3. Vehicle retail sales limited to used automobiles only. 4. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses. Other conditions which may be incorporated into the draft ordinance language include those specifically listed under vehicle sales, service or repair, as follows: • shall not store any vehicles which are unlicensed and inoperative for more than seven (7) days, except in appropriately designed and screened storage areas; • shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil, and wiper replacement; • shall not have any outside storage or display except of vehicles for sale or rent; • shall not have a public address system which is audible from any residential property, • shall screen all storage areas; • shall screen all display areas adjacent to a residential zone; • shall apply the parking setback to all areas where vehicles are located; • shall maintain a landscaped buffer 100 feet wide from any residential zone; and • all motor vehicle dealers shall be licensed by the State. If the Commission is interested in any of the other specific conditions, it should provide staff with direction to develop specific proposals for their consideration. 1. Recommend that the City Council approve the proposed text amendment, amending City Code Section 11.44, Subd. 3, as outlined above. 2. Recommend that the City Council approve the proposed text amendment with revisions based on other direction from the Commission. 3. Recommend that the City Council do not approve the text amendment. 4. Continue the public hearing. 5. Close the public hearing, but table the matter to request additional information. • • k „ k D • • Based on the Commission's previous discussion, staff recommends that the Commission recommend to the City Council Alternative No. 1 or 2. G: \boaa- pc%\2001\Ubo7\gltycoach.doc �Uloo6) AN OR 1 A MENDING C• 1 ING COND USES IN T HE IND USTRY THE CITY COUNCIL F THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Regulations, Section 11.44, Subdivision 3, (Conditional Uses). is hereby amended by adding the language which is underlined and deleting the language which is straek th,-etigh: Section 11.44, Subd. 3. Conditional Uses. R. retail auto sales, subject to the following conditions: 1. Limit the percentage of retail sales to no more than 50% of the business. 2. Must serve as an accessory use of the principle use. 3. Vehicle retail sales limited to used automobiles only. 4. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any_property developed or zoned for residential uses. 5. shall not store any vehicles which are unlicensed and inoperative for more than seven (7) days except in appropriately designed and screened storage areas. 6. shall conduct all repair, assembly. disassembly, or maintenance of vehicles within a building except for minor maintenance such as tire inflation, adding oil, and wiper replacement. 7. shall not have any outside storage or display except of vehicles for sale or rent. 8. shall not have a -public address system which is audible from any residential property. 9. shall screen all storage areas. 10. shall screen all display areas adjacent to a residential zone. 11. shall apply the parking setback to all areas where vehicles are located. 12. shall maintain a landscaped buffer 100 feet wide from any residential zone. 13. all motor vehicle dealers shall be licensed by the State. C'ar�fi�n '� _ Fffartivo T1ntA Tic nrr�innn�r �or+nmoc aft nti� *� Frn+n nr.r7 n4�ar itc r�cc�rto and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 day of 12001. CITY OF SHAKOPEE Memorandum CASE NO.: TO: FROM: SUBJECT: 01061 Mayor and City Council Mark McNeill, City Administrator Mark Noble, Planner I Proposed Text Amendment Regarding Home Occupations in the Rural Residential (RR) Zone MEETING DATE: June 19, 2001 The City Council reviewed a proposed text amendment filed by Troy and Stacey Schuette at their May 15, 2001 meeting. At that meeting, planning staff was directed to work with legal counsel to draft language consistent with the Council's wishes. At their June 5, 2001 meeting, the Council voted to forward the proposal to the Planning Commission for their review and recommendation. The Planning Commission reviewed this project at their June 7, 2001 meeting and by a vote of 4 -2, recommended that the City Council approve the proposed text amendment, as provided in Ordinance No. 600. Staff has prepared Ordinance No. 600, which amends the Rural Residential (RR) Zone to allow home occupations such as Schuette's to be a listed conditional use. This language specifically reads as: Subd. 3. Conditional Uses. Q. home occupations on properties 10 acres or greater in area where more than one (1) employee does not reside in the dwelling unit. If approved, applicants would be required to submit an application for a conditional use permit that would be reviewed by the Board of Adjustment and Appeals, and would be subject to the criteria for granting Conditional Use Permits (Section 11.85 of the City Code). It is stars determination that the criteria for granting home occupations would also apply in these situations. ALTERNATIVES: 1. Approve Ordinance No. 600, amending City Code Section 11.24, Subd. 3. 2. Approve Ordinance No. 600 with revisions based on direction from the Council. 3. Table the matter for additional information. Recommend Alternative No. 1 or 2. Mark Nob Planner I GAC6\ 2001 \0619 \\txtanindhomeoce.doe (27- 929014 -0) ORDINANCE NO. 600 FOURTH SERIES AN ORDINANCE OF THE ;. OP MINNESOTA, I 11 I 1I O GRANTING A HOME OCCUPATION E CITY COUNCIL OF THE CITY Y ®F SHAKOPEE, 1®aINNE' MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning Regulations, Section 11.24, Subdivision 3, is hereby amended by adding the language which is underlined and deleting the language which is ° +^ e' +1„ ... Section 11.24, Subd. 3., Conditional Uses., Q. "home occupations on properties 10 acres or greater in area where more than one (1) employee does not reside in the dwelling unit. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1 2001- Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of 1 2001. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee. MN 55379 CITY F SHAKOPEE Memorandum • FROM: Shakopee Planning Commission Mark Noble, Planner I Proposed Text Amendment to City Code Section 11.81 Regarding Criteria for Granting a Home Occupation MEETING DATE: May 3, 2001 f' ' •, • At its April 19, 2001 meeting, the Planning Commission held a public hearing on a proposed text amendment filed by Troy and Stacey Schuette. The request was for an amendment of the language pertaining to home occupation criteria. The public hearing was closed, but the item was tabled to May 3, 2001 with a request that staff provide additional information on possible text language. The applicant's letter is attached for the Commission's review. Additionally, a copy of the existing criteria for granting a home occupation has been attached. The applicants have asked that the home occupation criteria be changed to allow the following: • In the Rural Residential (RR) Zone, properties over 10 acres in area may be allowed to have up to 10 additional employees who do not reside on the premises, with the stipulation that the employees do not perform their duties on the property. At the April 19 meeting, there was considerable discussion on the proposed use of this property. The applicants conduct a home business where the majority of work is done off site. The office operations are conducted on site, with the owners and one additional employee operating from the pole building which houses their office area. They employ several people who come to the site in the morning, and leave with one of the business vehicles for job sites, only to return in the evening to drop off the business vehicle and leave with their personal vehicle. The business vehicles are stored inside or behind this building and are not visible from the public right -of -way. The issues as Planning staff see it are that the Commission is concerned with possible repercussions of approving this amendment, opening the door for other businesses to locate to sites similar to this, possibly upsetting the residential character of those neighborhoods. There are several options available for the Commission to consider in reviewing this request. These include: • Establish hours of operation considerate of adjacent residential properties. • Consider the number of employees engaged on and/or off the property. • Employees are to park their vehicles off - street in an area that is not visible from the public right -of -way. • Specify uses that would be considered permitted home occupation uses which fit with the intent of the Home Occupation Ordinance as the Commission sees appropriate. • Home occupation type uses could be fisted as permitted or conditional uses of that specific zoning district which the Commission concur are consistent with the purpose or intent of that district. • Establish limitations on the equipment or storage that would be allowed at that specific property. • Regulate the location of the use to within the principle structure and limit the percentage of the total floor area that the use may encompass. • Regulate the traffic, parlang, sewerage or water use in excess of what is normal in a residential neighborhood. • List uses that shall be specifically prohibited as home occupations. • List uses that would require approval of a conditional use permit as a home occupation and establish criteria that the Board of Adjustment and Appeals could evaluate. The Commission should review these options as well as the existing language listed under the criteria for granting a home occupation. If the Commission is interested in any of the other options, it should provide staff with direction to develop specific proposals for their consideration. 1. Recommend that the City Council approve the proposed text amendment, amending City Code Section 11.81, Subd. 7, as outlined above for Criteria for Granting a Home Occupation. 2. Recommend that the City Council approve the proposed text amendment with revisions based on other direction from the Commission. 3. Recommend that the City Council do not approve the text amendment. 4. Continue the public hearing. 5. Close the public hearing, but table the matter to request additional information. Staff recommends that the Commission consider Alternative No. 1,2 or 3. Offer and pass a motion consistent with the Commis�n'� wishes G: \boas- pc112001 \0503 \L\ia=dschutes.doc (27-929014-0) We 1 — Ib T A 1 i .$ c I ii TO: Shakopee Planning Commission FROM: Mark Noble, Planner I SUBJECT: Proposed Text Amendment to City Code Section 11.81 Regarding Criteria'for Granting a Dome Occupation 10 134 319 At its March 8, 2001 meeting, the Board of Adjustment and Appeals denied an appeal, filed by Troy and Stacey Schuette, of a staff determination regarding the home occupation ordinance. Rather than appeal the BOAA's decision to the City Council, the Schuette's have submitted an application requesting a text amendment of the Zoning Ordinance pertaining to home occupation criteria. The applicant's letter has been attached for the Commission's review. Additionally, a copy of the existing criteria has been attached. Specifically, the applicants have asked that the home occupation criteria be changed to allow the following. In the Rural Residential (RR) Zone, properties over 10 acres in area may be allowed to have up to 10 additional employees who do not reside on the premises, with the stipulation that the employees do not perform their duties on the property. POSSIBLE CHANGES TO THE ', / OCCU Planning staff suggest the following change for the Commission's consideration; City Code PROVISIONS Subd 7 Criteria for Granting a Home Occ upation I. In the Rural Residential (RR) Zone, properties over 10 acres in area may be allowed to have up to 10 additional employees who do not reside on the premises, with the stipulation that the employees do not perform their duties on the property. Planning staff have looked at other options, especially as they relate to the use. These include: • Establish hours of operation considerate of adjacent residential properties; • Consider the number of employees engaged on and/or off the property; and • Employees are to park their vehicles off - street in an area that is not visible from the public right -of -way. City Engineering has provided comments on this request, which are attached for the commission's information. If the Commission is interested in any of the other options, it should provide staff with direction to develop specific proposals for their consideration. 'I'E A S: 1. Recommend that the City Council approve the proposed text amendment, amending City Code Section 11.81, Subd. 7, as outlined above for Criteria for Granting a Home Occupation. 2. Recommend that the City Council approve the proposed text amendment with revisions based on other direction from the Commission. 3. Recommend that the City Council do not approve the text amendment. 4. Continue the public hearing. 5. Close the public hearing, but table the matter to request additional information. • � VVFM Based on previous discussions by the Commission, staff recommends that the Commission consider recommending Alternative No. 1 or 2. G: boaa- pc1\2001\0419\�-,ja=dschutmdoc (27-929014-0) Sub 7 Criteria for Granting a Home Occupation. Appliication for a home occupation shall be made to the Zoning Administrator_ An applicat m eeting all of the following criteria, shall be gran a pp r oval upon administrative review by the Zoning Administrator. A. B. C. D. E. F. G. M The activity does not involve warehousing, distribution or retail sales of merchandise _. produced off the site; The home occupation may be carried on by persons residing in the dwelling unit and not more than one (1) employee who does not reside in the dwelling unit; Shall provide off - street parking employee; All material or equipment shall be stored within an enclosed structure; Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors shall not be discemble at the property a11 not create excessive automobile traffic within the The home occupation sh neighborhood; Shall not have any receipt or delivery of merchandise, goods, or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding one (1) ton; and May have outside off - street parking of no more than one (1) commercial vehicle or vehicle identified for business purposes, not to exceed one (1) ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. (Ord. 501, September 18, 199 Troy & Stacey Schuette 3000 County Road 42 Shakopee MN 55379 March 22, 2001 City of Shakopee 129 South Holmes Street Shakopee MN 55379 We are submitting this statement with our application for a Zoning Text Amendment. The Zoning Ordinance that is in question is: Section 11.81, Subdivision 6 (Home Occupations). We feel there should be an amendment added to this Ordinance. The original criteria for this Ordinance was set up for those individuals who owned the R -1 properties that are an average of 600 -1000 sq. ft. in size. We are suggesting that additional information be added to the criteria for property owners who own a parcel of property that is 10 acres or greater in size and that are zoned RR (Rural Residential). We propose that this added criteria would allow these property owners the opportunity to operate a home based business and have up to 10 additional employees (who do not reside on the property) - as long as these employees aren't performing their duties on the property. This would be in addition to the (1) employee that is allowed to work im the property. We are submitting this application for a Zoning Text Amendment due to previously being denied our Home Occupation Application. We disagree with the decision and think there should be an amendment due to the following: 1. Our employee's do not work on our property. They perform their duties and earn their salary from the various construction sites of our clients. They only report for work (on the property) in the morning to obtain their schedule and they return at the end of their work day to turn in their paperwork. 2. We do not have clients coming in and out during the day. We cause NO excessive traffic. 3. All of our employee's park their vehicles on our property (not on any city streets) and they are not visible to the public. 4. We do not advertise that our business is located on our property. There are NO signs located by the road. If you came to our property and sat at the end of our driveway, you would have no idea that there was a business operated from there. Understand, this is our home! We want it to look/feel like ome 5. We are not altering the look and/or feel of our neighborhood. As discussed in the previous meeting `The city wants to keep residential area's "residential "'. We are not located in the R -1 district of the city. We are surrounded by people that are zoned Agriculture. Troy & Stacey Schuette 3000 County Road 42 Shakopee MN 55379 2 We have the support of the property owners that are within 350' of our property (as noted in the enclosed signed statement). Please keep in mind that most of these people were unaware of what we were doing until we went and talked to them. Doesn't that tell you that we are not disturbing the `neighborhood' and those living around us? Our company does not create excessive noises, odors or any other nuisance factors for the City of Shakopee. In response to the statement from the previous meeting as to `why should we be treated any different than those individuals that have to lease space for their business & why wouldn't those people just purchase property and run their business from there'? Leasing space is expensive... but so is owning property that is 10 acres in size. We have a lot of maintenance issues that those living in `town' and leasing space for their business don't have to deal with. We enjoy the `country' feel of our home and not having any neighbors right next door. We choose to have our business here because it is economical and convenient. The buildings that are used for our business are not visible to the public from the road. They only work that is performed from our property is business management, bookkeeping, storage of our equipment and other office duties. There are (4) business that are operated from properties that are located less than 2 1/2 miles from us: a) Minnesota Green - which is located on County Road 42 (8/10 of a mile to the West of us. 1. The park their equipment outside - which is visible to the public. 2. They have piles of dirt outside - which are visible to the public. 3. They have lighted signage - identifying their business. 4. They sell retail - which causes traffic in and out during the day (weekends too). 5. They make deliveries to customers - which causes trucks to go in and out during the day. 6. They have erected a greenhouse for their retail - which is visible to the public. 7. They have more than one employee. C� 7. A E 10 b) pawns Flowers - which is located on County Road 83 (2 -3/10 miles to the Northeast of us. 1. They have erected a support for `hanging plants' - which is visible to the public. 2. They have erected a greenhouse for their retail - which is visible to the public. 3. They have tables and stands for their retail - which are visible to the public. 4. They have erected a new building for retail - which is visible to the public. Troy & Stacey Schuette 3000 County Road 42 Shakopee MN 55379 5. They have a huge sign by the street - identifying their business. 6. They sell retail - which causes traffic in and out during the day (weekends too). This has also caused a slow down on Cty Rd 83 due to cars going in and out. 7. During the summer, their inventory is placed outside on their tables /stands - which is visible to the public. (i.e. - hanging plants, planters, vegetable plants, bags of mulch, etc.). c) R &W Metalwork's - which is located on County Road 17 (2 -3/10 of a mile to the Southwest of us). 1. They have a building for their business that is less than 150' from the road - which is visible to the public. 2. They have a sign on their building identifying their business - which is visible to the public. 3. They have equipment and other supplies outside - which are visible to the public. Notes d) Christmas Tree Sales - which is located on County Road 17 (2 -2/10 of a mile to the Southwest of us). 1. They have a building for their business - which is visible to the public. 2. They have (2) signs (one is located by the road and the other is located on their building) - identifying their business. 3. They sell wreaths and Christmas tree's - which would cause traffic to go in and out during the day. 1. The Shakopee Mdewakanton Sioux own the property located on County Road 42 (1 /10 of a mile to the West of us) and it is rumored that they plan to develop this land as commercial. 2. We have farmers all around us and they are allowed to: a) Have farm animals outside - which are visible to the public. b) Have equipment outside - which is visible to the public. (Not to mention that some of their equipment is pretty old and it hasn't been moved in awhile). c) Have hay /straw lined up on their property - which is visible to the public. d) Have buildings for their animals and equipment - which are visible to the public. (Not to mention that some of their buildings are pretty rough looking and could be stated as being an `eye sore'). Troy & Stacey Schuette 3000 County Road 42 Shakopee MN 55379 4 e) D1 Operate very long hours - 7 days a week. We can hear their equipment running when they are harvesting, even during the night hours. Have several employee's or `hired hands'. In closing, we do not believe that we are unreasonable in asking to have this Zoning Amendment granted. As previously discussed, we have worked very hard to get our business to where is today. We would just like to go back to running our business and not having to deal with the issue at hand. We run an honest business and don't feel that we are doing anyone any harm in what we are doing. We are not looking at `taking over' our 10 acre property with our business - after all, it is our home. We are just asking to have an Amendment that would allow us to do what we are doing. Please note that we have a small son and plan to have more children - we are not planning to raise our children from our business, we are just trying to run our business from our home. We believe that in reviewing this information that you will agree with us and we can all put this matter to rest. If you need further information prior to the meeting, please don't hesitate to give us a call. We can be reached in our office during the day at #952/445 -4301 or at our home during the evening at #952/445 -3857. Thank your for your consideration! Sincerely, Troy & Stacey Schuette Enclosures 1 City of Shakopee - To be enclosed with the request for appeal of a City Staff decision for the request of a Home Occupation Application for Troy & Stacey Schuette We have been informed, in person, by Mr. & Mrs. Schuette about the type of business that they operate on their property. We are signing this document stating that we do not contest their Home Occupation Application, as we have never had a problem or complaint with either of them personally or professionally. We understand that this document is going to be submitted with their appeal and we hereby sign this document stating that we support what they are doing. 1. John O'Loughlin 2988 Valley View Road Shakopee MN 55379 cl i Printed Name Comments: 2. Loretta E. Dellwo 2041 140th Street NW Shakopee MN 55379 t, rG 'fi ,1 II uw o Printed Name - WqG2 Lito - � I C; ph o ne number >> JL��� K II ature ate #q 5z) LW, -2)C phone number Signature Date Comments: 2 3. Shakopee Mdewakanton Sioux 2330 Sioux Trail NW 4 C Prior Lake MN 55372 phone number Printed Name Signature Date ; _ Comments: W_ G70V_t_f WI (Ylkz . L'i1JIGO� ON '1 22 1 Hif 4 �il P -Nf_� NO OSCa JM � NK CO(YlFUll MS To W; i�T MN - UJE vim VvAITI NG � U -P TO ComE I N To �E�N - Tftr Bir NUT .�_-r__ - rO 6t - 7 ��r1 �� w/ t-t� m aurva V N� �OXY11T THIS - R-E TO (bbl -1 N 4. Patricia R. Goldberg 2780 County Road 42 Shakopee MN 55379 phone number Printed Name Sig afore Date Comments: 5. Deborah J_ Crooks -Hill 3090 29th Avenue East Shakopee MN 55379 Printed Name Comments: �2j --�� phone number P -aq Qi Signature Date � � i! �• ify that I am a duly Licensed under the Laws of the State I further certify that I ntation (see note) at the icated by red circles on th day of April 1991. hake, RLS .. 7095 NOTE RTY P44, S. Q - 7095 y0r S 'I�� 'LONG MON YONMENT AND TWICATION DISC (ACTUAL. SIZE] ;T AT All POINTS NWCATED. L itEO. LAt40 SLWrMOR .7095 CO ROAD NO. 42 in 9051 —' _� o -33.46 - - -- - - - - -- � North tine of the E V 2 of Ire NE V4 of the r t T Nt r 11 NE 1/41 ; i l to I 29 In t ' t Fn 1 l t. o. Q — - 330.11 - -; S89 °45 34 E L South tine of the E112 of the N E V4 of the NE V4 of 29 -115- 22 NOrrf: R.rf. rr. ro9.!. 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I!' fy n� the f10.6 denote, T -- denote Se.t qrt Se (r,_; DI S(*r I M 1014: Ifir n+•sf 330.35 Kerr (•w maasItArd of nijllt augfrs) o(, (fir Last far Miff of the Nonfhrast titmiret of the kwahtast ^ua Ranl.lr Z:, Scott Cauntlr, Slinursola, a.fso shaoinq lhr. !oration od the peoposrlf housr as staked .this 4f11 daft 04 liner, iq LMy y tl— • Mem orandu m TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Declaring Adequacy of Petition on 5th Avenue, from Adams Street to Vacated Jefferson Street DATE: June 19, 2001 gaui ,, • /,T. #q, / , CONSENT Attached is a petition from Evergreen Real Estate Development Corporation and Scott County HRA for public improvement of 5 Avenue, from Adams Street to vacated Jefferson Street. They are also petitioning for watermain looping along Adams Street between 4 Avenue and 5 Avenue; and 5 Avenue, between Adams Street and vacated Jefferson Street. The developers for Block 8, Koeper's Addition and also known as the plat of River Bend Townhomes, has submitted a petition for a public improvement project to improve 5th Avenue, from Adams Street to the vacated Jefferson Street and to improve this street by street construction, storm sewer, sanitary sewer, watermain, street lighting, sidewalk and appurtenant work. Also included as part of thexetition is to construct watermain looping along Adams Street, between 4 Avenue and 5 Avenue; and along 5 Avenue, between Adams Street and Jefferson Street to an existing watermain connection. Previously the City Council has approved a plat of River Bend Townhomes and the Planning Commission has reviewed a conditional use permit (CUP) for multiple structures for this site. At this time the Planning Commission has tabled action on a CUP until issues on the construction of 5 Avenue can be resolved. In considering the petition for the improvement of 5 Avenue, from Adams Street to vacated Jefferson Street, the petition does represent property owners for more than the minimum 35% of real property to be improved. Attached is a map showing the frontage of the project area and frontage of petitioner's property. Council can accept this petition, declare adequacy of the petition and order preparation of the feasibility report by considering Resolution No. 5545. This resolution can be adopted by a simple majority of the City Council. Adoption of this resolution will allow the ordering of a feasibility report to review the issues associated with the construction of 5 th Avenue and the River Bend Townhome development. Staff believes this feasibility report needs to be completed in an expeditious fashion and staff would request that the feasibility report be done by a City consultant. At this time staff believes that Bolton & Menk, Inc. would be the best consultant to prepare a feasibility report for this area and would request that an extension agreement be executed with Bolton & Menk, Inc. for this feasibility report at a cost not -to- exceed $4,000.00. Also the past practice of 429 petitioned projects by a developer, the City has required the developer to be financially responsible for the cost of the feasibility report if the project does not proceed. Otherwise this cost would be borne by the taxpayers. Attached to this memo is a letter from the developer stating he would pay the cost of the report if the project does not proceed. ALTERNATIVES: 1. Move to approve Resolution No. 5545, a resolution declaring adequacy of petition and ordering the preparation of a feasibility report for 5 th Avenue, from Adams Street to vacated Jefferson Street. 2. Do not approve Resolution No. 5545. 3. Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. to provide consultant services for the preparation of a feasibility report for 5 th Avenue, from Adams Street to vacated Jefferson Street. 4. Table for additional information. WgIn nongmak u Staff recommends Alternative No. 1, as the petition meets the minimum 35% of property owners and the petitioner is waiving notice of assessment hearing and right to appeal the special assessment to the pro A feasibility report is necessary to resolve the remaining issues to construct 5 Avenue between the property owners north and south of 5 th Avenue. ACTION REQUESTED: 1. Offer Resolution No. 5545, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Feasibility Report for 5 th Avenue, from Adams Street to Vacated Jefferson Street and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. to provide consultant services for the preparation of a feasibility report for 5 th Avenue, from Adams Street to vacated Jefferson Street. Bruce Loney Public Works Di r ctor BUprnp MEM5545 CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS ANTIV • OF ASSESSMENT RIGHTS RECITALS A. The undersigned is the fee owner and equitable owner by virtue of contract, of certain real Property legally described as Block 8, Koeper's Addition B. As part of the subdivision and platting process for River Bend Townhomes the undersigned will be needing the construction of public improvements C. The undersigned developer desires the City of Shakopee to install the public improvements and assess the costs to benefiting - property. D. It is understood by the developer that the City will be doing the Chapter 429 Public Improvements solely at the developer's request and for the developer's convenience and that the City would not be installing the improvements described in this petition without this waiver. E. The undersigned is voluntarily submitting this petition and understands that the City is relying on it as a condition of subdivision approvai and proceeding with the public improvements. NOW, THEREFORE, the undersigned agrees as follows: 1. The undersigned petitions the City to install the following improvements and to assess them against the benefiting properties pursuant to Minnesota Statutes, Chapter 429: watermain looping along Adams Street between 4'' Avenue and 5` Avenue, and along 5 Avenue between Adams Street and Jefferson Street to an e xisting watermain; and street construction along 5' Avenue from Adams Street through vacated Jefferson Street including street construction, storm sewer, sanitary sewer, watermain, street lighting, sidewalk and appurtenant work ("Improvement Project'. -2- 2. The undersigned represents and warrants that it is the fee owner of the property described as Block 8. Koeper's Addition and that it has the full legal authority and power to encumber the property. 3. The undersigned requests that the cost of the Improvement Project be assessed against benefiting properties. The undersigned understands that the estimated cost of those assessments cannot be determined at the present time, but understands that the assessments will be determined in accordance with the City's adopted assessment policy. 4. The undersigned waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessment to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Property. 5. The undersigned waives all right to appeal or otherwise contest or challenge the levy of the special assessment, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the improvement project is at least equal to the amount of the project cost that is assessed against the property described in Exhibit A and that such increase in fair market value is a special benefit to such parcel. The undersigned further agrees that any requirements of Minnesota Statutes, Chapter 429 are waived to the extent that such requirements are not met. 6. The covenants, waivers and agreements contained herein shall run with the property and shall bind the heirs, successors and assigns of the undersigned. It is the intent of the City and the undersigned that this document be recorded as a part of the land records of Scott County, Minnesota. 7. The terms and conditions set forth herein shall terminate upon the final payment of all special assessme.^.ts levied against the Property regarding the I�Inprovexert Project, and the City shall execute and deliver such documents, in recordable form, as are necessary to extinguish its rights contained herein upon receipt of such final payment. Dated this day of 20 DATE: 5 -,9 1 - DATE: SCOTT COUNTY H.R.A. t 500FYIVE DIRECTOR -3- DATE: S --:5 ( ` Z'0 o I STATE OF MINNESOTA C OUNTY OF aP SS W' 9 guy HIM •''•' • The foregoing instrument was acknowledge before me this `- day of M `1 20 by Gregory A. McClenahan, the President of Evergreen Real Estate Development Corporation, a Minnesota corporation, on behalf of the corporation STATE OF MINNESOTA ) SS COUNTY OF 4 ' 1" C. 0 Notary Public My Commission Expires �L n- On this day of 2001 before me, a Notary Public within and B said County ersonally app ed � , Chair, and ,Executive Di ctor, Scott County H.R.A., a body politic under the laws o rota, on behalf of said H.R.A. LINDA J. VOXLAND NOTARY PUSUCQMESOTA MY COMMISSION EXPIRES 1.31 -M ■ SA AAA A M A %-vVVVV%P.VVyVVVv"qI Drafted by: Kennedy & Graven 470 Pillsbury Center 200 S. Sixth Street Minneapolis, MN 55402 [i: l clerkVori I pet- riverbendj Revised: May, 1997, August, 1999, February, 2001 z Y7 U� x G t%l L=1 ro�v� z lva,' SII VO a x G C� C� REAL ESTATE DEVELOPMENT CORPORATION 5212 Hope Street Prior Lake, MN 55372 (952) 806 -0406 Fax (952) 820 -0607 Fax (952) 831 -1869 June 14, 2001 Bruce Loney City of Shakopee Department of Public Works 129 South Holmes Street Shakopee, MN 55379 Re: Feasibility Study Fifth Avenue Extension Dear Bruce: As we discussed, I understand that the Petition for Public Improvement regarding the Fifth Avenue Extension will be on the City Council's June 19 agenda. The Council is being asked to authorize a feasibility study for the road construction and water main extension identified in the Petition for Public Improvement. As you know, this project benefits not only the River Bend Townhome project, but also a number of other property owners benefitting from the water main extension and the road construction. In the event that the feasibility study would be performed and costs incurred, yet the twnhome project would not move forward, EverGreen Real Estate Development would be willing to cover the cost of the feasibility study. If things proceed as anticipated and the water main is extended and Fifth Avenue constructed, I understand that the cost of the feasibility study would become a project cost and assessed along with all other costs according to the benefits provided to the abutting properties. If you have any questions, please advise. Sincerely, 295307.wpd preliminary engineering report•for.ahe abov��referen ( project,: e ave reviews. preliminary grading and utilityplan for Riverbend Townhomes We understand. thatthe . . proposed development requires theimpzoveiment of 5" Avenue from Adams Street to a proposed cul -de' =sac Located approximately feet west. ®f Adairis Street also understand that . `We the location :of the proposed s.:contingent:upon the City's overall Comprehensive Plan or future street and utility nprovements., :. Bolton & Menk; Inc, prop oses: to. prepare ; . relimiti p g neeririg :report:on the feasibility of ... P p p. '' improving 5 Avenlie.. linprovernents shall include the extension of City utilities and services from Adams Street to the cul -de: =sac. It will=also uaclude grading; concrete curb - arid. gutter; street improvements and turf establishment. In regardsao S sewer improvements' extensions - from the cul -de -sac to the proposed:.poild and the outlet from the pond to the intersection of 4 Street and.Harrison;Street should be'considered. Our proposed fee.is inclusive of these improvements. . . We :propose toalcomplete.the preliminary engineering report for a not -to- exceed fee, of X4,000.00 This amount includes $1;000.00.iinaniscellaneous survey. services:: '*e.�ropose::to work an hourly basis consistent withour 2001: Schedule of Fees (see attachgd) °Our fee includes a SO% :: _. and a 90 % review of:our:report ley you your staff. We are also available =. present.the improvements to the City council; should you desire: Regarding scheduling, we have - a . pquate.staff available to meet'your schedule,. Based on past e erience, we would expect that.a project of this nature would require two (2) weeks from xp. . receipt of the Notice to Proceed: MANKATO`. • : FAIRMONT • SLEEPY EYE BURNSVILLE. • WILLMAR - AMES, lA ..• . LIBERTY MO An Equal Opporlunity.Employw 06/14/2001 11:47 FAX 9528908065 „ BOLTON & MENK 2001 SCHEDULE OF FEES U003 The following schedule of fees is based upon competent and responsible engineering and surveying services, and are the minimum, below which adequate professional standards cannot be maintained. It is, therefore, to the advantage of both the Professional Engineer or Land Surveyor and the Client, that fees be commensurate with the service rendered. Principal Engineer/Land Surveyor ............... . ...:..... $100- 135111our $80- 105/Hour Associate Engineer/Land Surveyor ................ . ........ $50- 80/Hour Project/Design Engineer ... .........:..................... $65- 85/Hour Licensed Land Surveyor .............................. $55- 85/Hour Senior Technician ....... .••- • ..................... * —*'' $30 -70 /Hour Technician/Draftsperson ... ............................... $25- 48/Hour Clerical ................. ............................... AutoC /CompulerTime . ..........••••••••••••••••••••• No Charge Office Supplies ........... ............................... No Charge No Charge Photo Copying/Reproduction ................. • .. • • . • • • • • • • No Charge Field Supplies /Survey Stakes & Equipment .................. No Charge Mileage ................. ............................... Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for principals, associates and members of the staff vary according to skill and experience. These rates include the salary rate plus an overhead factor which accounts for federal and state taxes and required benefits, as well as insurance, office expenses and profit. In addition, the overhead factor includes vehicle and personal expenses, stakes and supplies. Non - routine expenses and expenses beyond the agreed scope of services, such as large quantities of prints, extra report copies, photographicplat reproductions, plat recordingfees, outside professional assistance and other items of this general nature, will be billed out separately_ When it is possible to accurately define the scope of the project and the engineering services to be performed, a lump sum may be agreed upon for total compensation. A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For Improvements To 5 th Avenue, From Adams Street To Vacated Jefferson Street BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, ME 1. A certain petition requesting the improvement of 5 th Avenue, from Adams Street to vacated Jefferson Street by street construction, storm sewer, sanitary sewer, watermain, street lighting, sidewalk and appurtenant work filed with the Council on June 19, 2001, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Memo of Understanding with Scott County on CSAH 83, CSAH 16 and 17 Avenue DATE: June 19, 2001 INTRODUCTION: Attached is a Memo of Understanding (MOU) between Scott County and the City of Shakopee in regard to the reconstruction of CSAH 83 and CSAH 16 and the jurisdictional transfer of 17 Avenue, from C.R. 79 to CSAH 83; and jurisdictional transfer of CSAH 16, from CSAH 17 to CSAH 83. With the reconstruction of CSAH 83 and the realignment of CSAH 16 to future 17 Avenue, one of the items that was necessary for this improvement project to move forward was that the City and Scott County needed to enter into a MOU for these roadways. Attached to this memo is the MOU, as prepared by Scott County and reviewed by City staff. In this MOU there are two major areas defined and conditions stated as statements of understanding for CSAH 83, CSAH 16 and 17 Avenue. The first item is the CSAH 83/16 upgrade project. In this MOU, the City of Shakopee will be the lead agency for the reconstruction of CSAH 83 and the realignment of CSAH 16. Also the MOU discusses and describes the easement acquisition process for this project and the Cooperative Agreement process with the City prior to the award of the construction contract. Other conditions include receiving approval from MN/DOT, the City recognizing the jurisdictional authority for CSAH 83 and CSAH 16 is the County's and the County retains the right to make any and all determination on traffic control and access along these highways. Finally, the City would include as part of the developer's agreement with the Valley Green Corporate Center plat, a condition on the level of service on the access points as contained as part of the mitigation plan with the AUAR. The second item, within the MOU, is on the east -west minor arterial which is 17 Avenue in the City of Shakopee. This particular portion of the MOU states conditions on when 17 Avenue would need to be completed from CSAH 17 to CSAH 83. The City would be responsible for the construction for this minor arterial road extension, with the County reviewing and approving such plans and specifications. Upon completion of 17th Avenue to CSAH 83, the County would assume jurisdiction of 17 Avenue, from C.R. 79 to CSAH 83; and the City assume jurisdiction of CSAH 16, from CSAH 17 to CSAH 83. Staff believes that this MOU addresses the transportation changes that were discussed during the approval of the feasibility report for the reconstruction of CSAH 83 and the realignment of CSAH 16. The conditions seem reasonable based on the growth that has occurred in the City of Shakopee. The City Attorney has two comments on the MOU as follows: 1. On Page 1, Paragraph 13, the third bullet — the word "transferred" should be "vacated" as the County has an easement versus fee title. 2. On Page 2, Paragraph 1.D — the word "developer" should be removed as the agreement is between the City and County. The City will have a separate agreement between the developer. ALTERNATIVES: 1. Approve a motion to have the appropriate City officials execute the MOU with Scott County. 2. Do not approve the MOU at this time and provide staff with direction on changes to the conditions in the MOU. 3. Table for additional information. N . Staff recommends Alternative No. 1, based on previous Council discussion and County Board discussion on a draft MOU, and the fact that the City has ordered plan preparation for the reconstruction of CSAH 83 and the realignment of CSAH 16 with 17 Avenue. ACTION REQUESTED: Make a motion to have the appropriate City officials execute the Memorandum of Understanding for County State Aid Highway 83, County State Aid Highway 16 and 17 Avenue between the City of Shakopee and Scott County. � E Bruce Loney r Public Works irector BL/p-p MOu Fax: (952) 496 -8365 June 5, 2001 Bruce Loney City of Shakopee 129 Holmes Street S Shakopee, MN 55379 SUBJECT: Memorandum of Understanding CSAH 83, CSAH 16, and 17` Avenue Dear Bruce: Enclosed are two copies of the Memorandum of Understanding for CSAH 83/16 and 17 Avenue. Please have both copies signed and returned to this office. One fully executed copy will be sent to you. Please call us if you need additional information. Sincerely, Bradley J. Larson, P.E. Associate Administrator - Public Works and Lands BJL /mink Enclosures mk- w: \word\mou \shakopee - 83 -16 -17th ave - citysign.doc An Equal Opportunity /Safety Aware Employer This memorandum of understanding is entered into by the City of Shakopee (City) and Scott County (County) on 2001. WHEREAS, the City has prepared a feasibility study for CSAH 83/16 area, dated February 20, 2001; and WHEREAS, the feasibility study reviewed several alternatives for the realignment of CSAH 16 and 17 Avenue as it would intersect CSAH 83; and WHEREAS, the City and County have had public meetings with the residents and property owners adjacent to CSAH 83 and CSAH 16; and WHEREAS, the City and County have agreed that the alignment extending the new east -west minor arterial highway along 17' Avenue alignment (north of Shakopee Gravel) would provide the best operational characteristics for CSAH 83 and the new minor arterial (CSAH 16/17' Avenue); and WHEREAS, the City and County have agreed that the construction of CSAH 83, 16 and this east - west minor arterial will be completed in phases. The first phase to include the upgrading of existing CSAH 83 and the realignment of existing CSAH 16 both east and west of CSAH 83. The next phases would be the extension of the east -west minor arterial (17 Avenue /CSAH 16) to CSAH 83, as shown on the attached drawing; and WHEREAS, the City and County desire to document their respective understandings regarding certain aspects of the proposed alignment, proposed project, future jurisdictional changes and the timing of these items. NOW, THEREFORE, IT IS HEREBY UNDERSTOOD THAT: 1. CSAH 83/16 Upgrade Project A. The City of Shakopee will be the lead agency in the development of all plans and specifications. The County will review and approve such plans and specifications. The Plans shall also be submitted for State Aid approval. B. The City of Shakopee will identify and describe in legal terms for easement purposes the required permanent and temporary right -of -way required. ® The City will through its platting process acquire through dedications all permanent and temporary right -of -way from the Valley Green properties abutting this project. ® The County in coordination with the City shall have the identified right -of -way needs appraised and acquire such through negotiations and/or eminent domain proceedings. • Upon completion of the project, that part of the CSAH 16 right -of -way from the existing alignment prior to said project which is determined by the County to be excess right -of- way will be transferred to the underlying fee /property owner subject to compliance with statutes and established procedures. However, the County /City will retain an easement for any public utility remaining in said right -of -way. JI I _5­' 11:� , ";� tD A - 1 7- A- K3 t, , 1 This memorandum of understanding is entered into by the City of Shakopee (City) and Scott County (County) on 1 2001. WHEREAS, the City has prepared a feasibility study for CSAH 83/16 area, dated February 20, 2001; and WHEREAS, the feasibility study reviewed several alternatives for the realignment of CSAH 16 and 17 Avenue as it would intersect CSAH 83; and WHEREAS, the City and County have had public meetings with the residents and property owners adjacent to CSAH 83 and CSAH 16; and WHEREAS, the City and County have agreed that the alignment extending the new east -west minor arterial highway along 17 Avenue alignment (north of Shakopee Gravel) would provide the best operational characteristics for CSAH 83 and the new minor arterial (CSAH 16/17' Avenue); and WHEREAS, the City and County have agreed that the construction of CSAH 83, 16 and this east - west minor arterial will be completed in phases. The first phase to include the upgrading of existing CSAH 83 and the realignment of existing CSAH 16 both east and west of CSAH 83. The next phases would be the extension of the east -west minor arterial (17 Avenue /CSAH 16) to CSAH 83, as shown on the attached drawing; and WHEREAS, the City and County desire to document their respective understandings regarding certain aspects of the proposed alignment, proposed project, future jurisdictional changes and the timing of these items. NOW, THEREFORE, IT IS HEREBY UNDERSTOOD THAT: 1. CSAH 83/16 Upgrade Project A. The City of Shakopee will be the lead agency in the development of all plans and specifications. The County will review and approve such plans and specifications. The Plans shall also be submitted for State Aid approval. B. The City of Shakopee will identify and describe in legal terms for easement purposes the required permanent and temporary right -of -way required. • The City will through its platting process acquire through dedications all permanent and temporary right -of -way from the Valley Green properties abutting this project. • The County in coordination with the City shall have the identified right -of -way needs appraised and acquire such through negotiations and/or eminent domain proceedings. • Upon completion of the project, that part of the CSAH 16 right -of -way from the existing alignment prior to said project which is determined by the County to be excess right -of- way will be vacated to the underlying fee /property owner subject to compliance with statutes and established procedures. However, the County /City will retain an easement for any public utility remaining in said right -of -way. C. The County will enter into a Cooperative Agreement with the City prior to award of construction contract that will specify the rules and responsibilities of each parry for the construction project. • Such Cooperative Agreement will include a detailed cost estimate for the project and a breakdown of the costs by responsible parties. • The County agrees to participate in the project based on the final construction costs attributed to the County. Preliminary estimates have the County share at $62,550 for right -of -way acquisition and $997,108 for construction costs for a total County commitment of $1,059,658. D. The City shall have satisfied and received approval from the Minnesota Department of Transportation. E. The City and County acknowledge that, as the jurisdictional authority for CSAH 83 and CSAH 16, the County retains the right to make any and all determinations on traffic control and access along these two highways. F. The City as part of the Developer's Agreement with Valley Green will require a traffic analysis of CSAH 83 as a condition of each proposed stage of development in order to enforce maintenance of the Level -of- Service (LOS) for the access points of the overall development to a minimum LOS of D. This may include denial of specific development types due to the high traffic generating impacts to the site and access points. Should the LOS exceed LOS D the City shall not approve the development unless the City/Developer can through additional transportation improvements, reduction in development or by other means bring the LOS into compliance. The City or its assigns shall be responsible for the cost of the traffic analysis and any measures needed to mitigate the LOS. Any proposed work within the County Highway R/W shall be approved by the County following its procedures. 2. East -West Minor Arterial A. The East -West Minor Arterial from approximately 3 /4 mile east of CSAH 17 to CSAH 83 will be constructed at such time that one or more of the following occur: • Development of the property east of CSAH 17 to the Shakopee Gravel property. • The City and County agree that traffic conditions indicate a safety problem exists or is imminent at the CSAH 83 and CSAH 16 intersections, or adjoining segments. Such problems may be apparent through excessive delays to traffic on CSAH 16 and/or CSAH 83 or through crash problems in this area. • Four years from the completion of the CSAH 83/16 project. B. The City will be responsible for development of all plans and specifications for the east -west Minor Arterial road extension to CSAH 83. The County will review and approve such plans and specifications. C. Upon completion of 17 Avenue to CSAH 83, the County will assume jurisdiction of 17"' Avenue from CR 79 to CSAH 83. In addition, the City will assume jurisdiction of CSAH 16 from CSAH 17 to CSAH 83. -r— CITY OF SHAKOPEE Jon P. Brekke, Mayor City of Shakopee Dated: Mark McNeill City of Shakopee Administrator Dated: Judith S. Cox City of Shakopee Clerk Dated: Art Bannerman, Chair Scott County Board of Commissioners Dated: David Unmacht Scott County Administrator Dated: Approved as to form: Thomas Harbinson Scott County Attorney Dated: wAword\:rnou\shakopee - 83 -16 -17th ave.doc CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeil, City Administrator From: Dan Hughes, Chief of Police . Date: June 15, 2001 Subject: Mobile Data Computer Grant Introduction .s.8,1, % F� fo The City Council is asked to consider resolution #5535. A resolution authorizing the acceptance of $12,100 for updating and installing mobile data computers. Background The purpose of this grant is to provide additional monies to assist the Shakopee Police Department with the purchase of new computers for the squad cars. The Shakopee Police Department has secured $12,100.00 from the Minnesota Department of Public Safety through a grant from the National Highway Traffic Safety Administration. These monies would be used to purchase some of the necessary computers for the squad cars. Presently the technology used in the squad cars is out of date by a minimum of seven years. With this technology Officers are basically restricted to Department of Motor Vehicle files and calls from dispatch only. Due to the limitations of the technology in place officers often spend wasted time in data retrieval from the station. By adding mobile computers, Officers would be able to accomplish all the functions performed in the station, from the squad car or another locations. The computers in the squad cars have the option of being removed from the squad. Officers could take the computer from their car and take to the call locations, or crime scenes. This option is seen as a benefit to the officers as they would be able to access all "in- house" computer files not only from their squads but community sub - stations. Budget Impact The acceptance of this grant requires no matching dollars. Action Requested If Council concurs they should offer resolution 5535, a resolution of the Shakopee City Council authorizing the acceptance of a $12,100 grant for updating and installing mobile data computers and move its adoption. RESOLUTION NO. 5535 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL AUTHORIZING THE ACCEPTANCE OF A $12,100 GRANT FOR UPDATING AND INSTALLING MOBILE DATA COMPUTERS WHEREAS, the City of Shakopee has recognized the need for the installation of updated mobile data computers in Police Department squad cars; and WHEREAS, the Chief of Police has identified grant funding available to augment the support of this project and the Police Department has secured $12,100 from the Minnesota Department of Public Safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Chief of Police is authorized to accept said grant funds. 2. That the City Administrator is hereby authorized and directed to accept a $12,100 grant from the Minnesota Department of Public Safety. 3. The City Administrator is hereby authorized to execute such grant agreements as are necessary to implement the project on behalf of the City of Shakopee. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 19h day of June 2001 Mayor of the City of Shakopee ATTEST: City Clerk /57- • o CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum Honorable Mayor and City Council Mark McNeill, City Administrator Dan Hughes, Chief of Police 2002 Resolution for Task Force Participation June 12, 2001 Each year the State of Minnesota, Office of Drug Policies, requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. • ; G-W For the past several years the state and federal governments have encouraged local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of federal and state drug enforcement money are distributed to task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force for as long as possible. ALTERNATIVES: Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the Southwest Metro Drug Task Force. Alternative #1 ACTION REQUESTED: Offer Resolution #5544 a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. [tfinemo01]pm RESOLUTION NO. 5544 . . 1 '� RUN N . WHEREAS, The City has participated in the Southwest Metro Drug Task Force since its inception; and WHEREAS, the Task Force has successfully brought about numerous drug convictions; and WHEREAS, each year the City enters into a cooperative agreement in order to continue to participate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Mayor, City Administrator and City Clerk are hereby are authorized to enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force for the calendar year 2002. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 19' dqy of June, 2001. Mayor of the City of Shakopee Attest: City Clerk [TF 01 RESO 5544]pm 15 1C. /. To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Advertise for Bids for Park Projects in Lions and Tahpah parks Date: June 13, 2001 INTRODUCTION Staff is requesting the City Council's authorization to advertise for bids the parking lot improvements proposed for Lions Park and Tahpah Park. BACKGROUND On December 5, 2000 meeting, the City Council directed City authorized staff to prepare plans and specifications for parking lot improvements at Tahpah Park and Lions Park. The City Engineering staff prepared the plans for the Lions Park and Bolten & Menk, Inc. prepared the plans for the Tahpah Park. PROJECT SCOPE Lions Park A. Staff is proposing to remove existing parking next to the swimming pool and replace it with a new 200 -car lot. A roadway will run parallel next to the new parking lot. Currently, cars back out into the roadway. A crosswalk will be marked with proper signage and allow pedestrian traffic to cross the roadway. B. Staff proposes to remove a 2 -inch water service line from the pool to the old ice arena building (bubble). Therefore, the pool building can be left unheated during winter months. A new water service line from the Community Youth Center building to the old ice arena building will provide service the warming house. This is an energy cost savings for the City and it reduces the risk of pipes freezing and breaking in the pool building. C. Construct a service road from Adams Street to the old pump house on the south side of the outdoor pool. This allows for easier access for venders who supply chlorine tanks and other chemicals. The City's Public Works Department would use the 60 foot road as well. Tahpah Park Staff conducted several meetings with the user groups and residents living west of the new ten acres. The user groups expressed a need for additional ball fields for youth baseball. Residents were concerned with foul balls hitting their windows. They also were concerned about lighted fields. Staff addressed all of concerns by the user groups and residents and most of them were very pleased with the new master plan for Tahpah Park. This project includes a Base Bid and Bid Alternate. The Base Bid package includes: A. A parking lot to accommodate 253 parking spaces. To make room for the new parking lot, field #8 will be removed. B. A storm water retention pond. C. The excess dirt from the new parking lot and pond will be used as fill behind fields #4 & #9. D. A 30 -foot green space area between the parking lot and the entrance will create a safer entrance into the baseball stadium. The Bid Alternate includes: E. Rough grading a future little league ball field on the new ten acres. F. Rough grading a future high school age ball field on the new ten acres. BUDGETI PACT Staff anticipates costs for the parking lot improvements in Lions Park to exceed the budgeted amount of $250,000 (funding from Capital Improvement Fund). The cost to remove the 2 -inch water service line from the pool to the old ice arena building (bubble) and install a new water service line from the Community Youth Center building to the old ice arena building may increase the cost of the overall project. The addition of a service road from Adams Street to the old pump house on the south side of the outdoor pool will also add to the cost. Staff also anticipates costs for Tahpah Park base bid to exceed the budgeted amount of $200,000 (funding from Park Reserve Fund). The reasons are as follows: • There will be 53 more parking spaces than estimated; • Curb and gutter will surround the new parking areas. This also will keep park users from driving to restricted areas of the park with their vehicles and • A storm water retention pond will be installed to filter water before it enters the upper valley drainage way. Originally, we wanted to drain the water directly into the drainage way. The Bid Alternate is an added cost as well. ALTERNATIVES 1. Approve the plans and specifications for the parking lot improvements in Lions Park and Tahpah Park and order the advertisement for bids. 2. Do nothing. The plans are ready for approval and staff is requesting Council's authorization to advertise for bids. Staff would like the bid opening to occur August 2, 2001 and forward the results to the City Council on August 7. Construction for both projects will begin the week of August 27. 3. Table for further information from staff. ACTION REQUESTED Move to approve the plans and specifications for the parking lot improvements in Lions Park and Tahpah Park and order the advertisement for bids. Mark J. WWI n Parks and Recreation Director a N W U Z U Z F- N 0l F � � J 0 U U Z F N X W C, z i► J Q H N Z Y N Q a zQ � U az N � Q Z_ Q1 2 W W �4^ p U!i v 3 H W •o v 8> �9 I 's d � � I n —� � U I Ii ' CA o 'o 6 •• 0 6 0 0 s O cn � � / T c I O REVISIONS I hereby certify that this plan Cl) 2 M N Z f LI ON ' S 0 S PARK STORM SEWER PLAN was prepared by me or under my direct sup —Won and that I am a duly Registered Professional Engineer under the laws of the state of Minnesota DESIGNED BY: RTH DATE APRIL 2001 DRAWN BY: RTH PROJECT NO: 2001 -3 0 BRUCE A LONEY Date Reg. No- 17580 CHECKED BY: BAL SHEET 2 OF 3 S O / s s 9° CD CD 09 c s S ° s, � o -- c S s� O ,,. 0 �O 6 0 '0 s 's si Ld p 135 RCp- 601% �,� °° O d� ^5 90 L� — -V Cn ��, � .SO 12 1 /RCP V 1 0.157 o S� o >r 'S - d� B 8 t c R 0 0 0 / l la ( 4J o / 6 0 0 s O 2 � c O REVISIONS I hereby certify that this plan Cl) 2 M N Z f LI ON ' S 0 S PARK STORM SEWER PLAN was prepared by me or under my direct sup —Won and that I am a duly Registered Professional Engineer under the laws of the state of Minnesota DESIGNED BY: RTH DATE APRIL 2001 DRAWN BY: RTH PROJECT NO: 2001 -3 0 BRUCE A LONEY Date Reg. No- 17580 CHECKED BY: BAL SHEET 2 OF 3 9 .♦ 9 1 901:0 kyj I HUEy ;,, 71:7-1-julloill 9 • TAHPAH PARK PARKJNG LOT : �;:, 1 - 1 08 0 - 0 9 � . ESTIMATED FUND BALANCE $328,7•4. REVENUES FROM MAY31 TO PRESENT OR BEYOND NOT INCLUDED IN FUND BALANCE PROJECTIONS. SS - C, ' I - CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 15 June, 2001 Subject: Lions Park and Tahpah Park Parking Lots The following information is intended to provide additional background information on the enhancements being proposed for Lions Park and Tahpah Park Parking lot projects. Lions Park Parking Lot We requested two enhancements to this project: relocation of a water line and installation of a service road to the pool mechanical area. Relocation of the Water Line As noted in the Natural Resource Director's memo, for many years water for the warming house in Lions Park has been supplied through a connection in the Aquatic Park's customer service facility. Supplying water from the Aquatic Park requires heating the customer service facility throughout the winter months. However, this facility was not designed to be heated, and therefore, the energy costs are high (averaging about $400 /month). Furthermore, since the building is unoccupied during the winter, there is a risk of furnace failure and freezing pipes. Although City staff regularly check the facilities, a furnace failure occurred in 1999, and resulted in a repair costing over $18,000. By relocating the water line to the Youth Building, which is regularly used in the winter, we can fully winterize the Aquatic Park service building, and eliminate the need to heat this facility. Installation of a Service Road to the Aquatic Park Mechanical Area When Adams Street was reconstructed in the early 1990's, the project did not include a curb cut to access the Aquatic Park's mechanical area. Currently, all service vehicles for the mechanical area are required to drive over the curb and a portion of grass. City and staff vehicles access this area on a daily basis, and our chemical supplier delivers chemicals at least once a week. The enhancement requested in this project will provide for a curb cut, as well as an asphalt service road to the mechanical area, providing a safer method of access. Tahpah Park Parking Lot When the parking lot design discussion began this year, we believed that we needed to address the long -term plans for Tahpah Park in order to design the appropriate parking facilities. As a result, the Natural Resource Director held three meetings with both park users and neighbors to discuss future plans for the park. Several issues were raised during this process, which are part of the overall proposed master plan for the park: 1. Loss of Softball Fields /Addition of Youth Baseball Fields The loss of fields was our initial concern when the preliminary design options were proposed. As a result of meeting with user groups and residents, the option being presented appears to be the best solution. Currently, Youth Baseball is experiencing a significant shortage of field space. Since the City has no plans for a youth complex and doesn't own other land to construct new fields, we proposed using the additional ten acres at Tahpah to develop these facilities. Initially, the Parks and Recreation Advisory Board was cautious about mixing youth and adults, but they were more comfortable with the proposed design because it somewhat segregates use. Recognizing the shortage of youth ball fields, representatives of Men's and Women's softball supported the idea of additional youth facilities. In addition, they also supported eliminating field 8 for the parking lot, and suggested the elimination of field 5 to permit the expansion of fields 6 and 7 (see below). Lighting fields 1 and 4 in the future will make up for the loss of fields 5 and 8, and the users have agreed to partner in funding this enhancement. Overall, the number of games played will stay the same with this plan. 2. Extending Fences to 300' According to ASA (American Softball Association) Rules, the minimum fence distance for men's softball is 300', women's is 265'. Currently, our fields are anywhere from 265 -275. The long -term plan for the park includes extending fences on fields 1, 4, 6, 7, and 9. An alternative to extending fences to reduce home -run issues would be to change the type of ball being used. ASA permits the use of a 47 -core ball during league play (which we currently use), but mandates 44 -core (softer) during playoffs, primarily for safety reasons. Although a softer ball may reduce home -run issues, it would not bring us in compliance with ASA rules. 3. More Parking Spaces Although the loss of fields will have some impact on the demand for parking, we now have soccer using the football field, and attendance has increased for both town baseball teams. This increases the overall use of the park. In addition, we have a significant number of vehicles being parked on grass areas now, which we need to bring under control. Until we get more parking, this will continue. 4. Areas for Future Use Finally, there are two areas designated for future use. At this time, we believe that these areas should be retained as green space, rather than designated as specific uses. Mark Themig Facilities and Recreation Director , , CO C,;- - To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 13 June, 2001 Subject: Ice Arena Cooling Tower Replacement INTRODUCTION City Council is asked to authorize the replacement of the Ice Arena cooling tower and desuperheater, at a cost of $44,000. BACKGROUND When the ice arena and community center were originally constructed, no water treatment systems were installed in the facility to address the hardness of the City's water. Although this hardness has had some cosmetic effect on faucets and fixtures throughout the facility, it has been detrimental to the Ice Arena evaporating condenser cooling tower, and the refrigeration system overall. The evaporating condenser cooling tower on the arena uses a combination of water and air to cool coils that carry hot refrigerant. As the water makes contact with the tubes, it evaporates, which removes heat from the tubes. When the water evaporates, it leaves behind any minerals or material in the water, such as calcium. This material builds up on the coils over time, acts as an insulator for the hot gasses, and reduces the efficiency of the tower. The lack of a treatment system for the evaporating condenser cooling tower during the first few years of operation had a spiral effect: • No water treatment resulted in a build -up of calcium on the condensing tubes. • This build -up lowered the efficiency of the tower, which in turn, caused higher than normal operating pressures of the refrigeration. • The higher pressures required the compressors to work harder than normal, and probably contributed to the premature failure of two compressors last year. Although staff took steps to reduce the buildup, the process involved the use of acid treatments, which are inherently corrosive to the metal coils in the system. In 1997, the City installed a water treatment system on the cooling tower's recirculating water supply. Although this treatment system helped reduce some of the buildup, there is evidence that the operation of the cooling tower without water treatment during the first few years of operation prematurely aged the condenser. Finally, due to the condition of the tower, staff had to service the cooling tower daily during the winter when the temperature was below freezing to remove ice from the fans. DISCUSSION Early this year, staff began researching the options for replacing the cooling tower. However, given the technical and refrigeration aspects, we retained the services of M &E Engineering, a firm who has worked with the City on other projects. In working with M &E, we researched the option of moving to an air - cooled chiller. This would be the best solution because it would eliminate the use of water, and is a common option for refrigeration systems. Unfortunately, with the cooling tower located on a black roof facing south, we could not meet the temperature differential required to operate an air - cooled chiller during the summer months, without upgrading to considerably larger and more expensive unit. (Initial estimates placed this type of unit at three to four times the size and cost of the unit being proposed.) The unit being proposed is nearly the same size as the existing tower, but has finned coils. This fining will allow us to "dry out" the condenser at temperatures below 35 degrees. Drying out means that the tower operates without water, similar to an air - cooled chiller. This should reduce the effects of water. In addition to replacing the cooling tower, before a new cooling tower is installed, staff will need to research improvements in the water treatment system. Most likely, this will result in the addition of a system to pre -treat the water before it is injected into the cooling tower's recirculating system. Funds were included in the 2001 Operating Budget to, upgrade the water treatment system. Finally, the refrigeration system's desuperheater developed a leak sometime in the past two to three years. The desuperheater extracts heat from the refrigeration system and circulates it to the arena sub - floor. This system is an important component for preventing deep frost, which has been known to cause frost heaves in arena floors. This unit should be replaced, and can be done relatively easily during this project. PROPOSALS AND RECOMMENDATION Requests for proposals were mailed to seven local refrigeration /mechanical contractors. We received two proposals: Vendor Cooling Tower Baltibond Dual- Circuit Total Replacement Corrosion Desuperheater Model VC1 -110 Protection Rink -Tec $38,000 $1,500 $4,500 $44,000 International Gartner $45,595 $1,375 �,316$68,286 Refrigeration Staff recommends that the project be awarded to the low proposal, Rink -Tec International. Rink -Tec built the arena and has serviced the arena refrigeration system since the facility opened. They have a thorough understanding of our system, and are aware of the problems we have encountered with the cooling tower. Although the Baltibond Corrosion Protection is an optional coating, is highly recommended. Replacing the dual- circuit desuperheater is also optional, but should be replaced to guard against damage to the arena floor. BUDGET IMPACT Recognizing the issues associated with the condition of the cooling tower, City Council included $25,000 in the 2001 Operating Budget for replacing the cooling tower. This amount was based on a preliminary estimate that staff received last year. Two factors have affected this estimate: the addition of fins on the tower to allow the tower to "dry out" during winter months, and the availability of contractors and cooling towers. (Cooling towers require approximately three months for production and delivery.) In addition to the $25,000 budgeted for the cooling tower, an additional $11,000 was budgeted for replacing compressors, which could be applied toward this project. The remaining $8,000 would need to come from the Recreation Fund's overall operating budget. REQUESTED ACTION If City Council concurs, motion to authorize the replacement of the Ice Arena cooling tower and desuperheater by Rink -Tec International, in the amount of $44,000. V v !� Mark Themig Facilities and Recreation Director (approximately 2'X1', 2" thick). dv hich had to the failure of one cage fan this Deposits recently removed trom tne coomy Luww View of the cooling tower coils, wnicn snuwb cull —P. Deposits on the outsicie OT ine cuum iy LUVV=I, winter. FROM : P.INK —TEC INTERNATIONAL FAX NO. : 16514811178 Jun. 14 2001 11:06AM P1 Marls Themig Facilities and recreation Director Shakopee, MN Based on addendum #1 Rink- Terc International, Inc. can supply a BAC model VC1 -110 sized for dry operation at 35degrees. The condenser will include a variable frequency drive, new pump, crane service, electrical, labor and disposal of old condenser including perforttrance and payment bond for a cost of $3$,000.013. For a new 45ton dual circuit desuperheater installed add $4,500-00- For baltibond corrosion inhibitor on condenser add $1,500.00 Kyle GMespie Road D, little Canada MN 55117 Tel-, (651)481 -3 !90 (800) 890 -6080 Fax: (651) 481 -1978 E -Mail rinktecigmn.uswest.net 3i0 East Cvu l htp : / /Www.rinktgc.com Federal ID# 411699722 REFRIGERATION & MFG. INC. 13205 -16th Avenue North Plymouth, MN 55441 Shakopee Ice Arena 1255 Flair Street Shakopee, MN 55379 Attn: Mark Themig, Facilities and Recreations Director Subj: Arena Condenser Replacement Dear Mark, June 11, 2001 Quotation No.: 0601 - 7535 -0 We propose to furnish and install a replacement condenser that is outlined in your original specifications dated May 17, 2001. The revised schedule is for this work to be performed October 1st through October 5, 2001. 4'e v,juuau , pump down, and evacuate your existi isolateng condenser located on the roof just above the engine room. We would cut the water supply and return, hot gas and condenser drain line from your existing condenser. Lift off the existing condenser and in it's place install the-new evaporative condenser. We would perform the necessary reconnection of the hot gas, condenser drain, water supply and water return connections to the existing piping. Once leak checked, the condenser would be evacuated, valves opened and placed back into operation. Gartner Refrigeration would check the operating controls for the fan and pump sequencing, as well as the high limit cut out. The necessary equipment, piping, fittings, crane for hoisting, permits, tool rental, electrical wiring, and start-up, will be included. Under alternate #Ml, Gartner Refrigeration would provide an Evapco condenser with standard G -235 hot dipped galvanized construction for ........................... ............................... $ 61,790.00 Under alternate #M2, Gartner Refrigeration would provide a Baltimore Aircoil condenser in the standard galvanizing for the sum of ............................ ........... ............................... $ 45,595.00 "c0-t L �C o — \\ Due to the addendum to decrease the size on indoor sump and sump pump, change out would not be required and is not included under the scope of this alternate. As an addition, there would be a revision to provide Baltibond corrosion protection for all metal parts except the condenser coil for an add of ............................. ............................... $ 1,375.00 To replace the dual circuit desuperheater there would be an addition of .................. $ 21,316.00 office /24 -hour phone: 763- 559 -5880 • 800- 328 -5547 • Facsimile: 763- 559 -5925 www.Gartner-Refrig.com Also included is our Scope of Responsibilities, which will become a part of this proposal. If you have any questions, please feel free to contact me. Sincerely, Gartner Refrigeration & Mfg., Inc. Gary R. J 7- Service Operation Manager This proposal is hereby accepted by on (date) under PO # . This proposal may be withdrawn if not accepted in 30 days. As is, 0. 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Prairie Village 6th Addition MEETING DATE: June 19, 2001 APPLICATION DATE and REVIEW PERIOD DEADLINE: May 8, 2001 —September 5, 2001 CASELOG NO.: 01 -078 Site Information Applicant. Thompson Land Development Location: South of STH 169, north of Valley View Road and east of CSAH 17 Clrrrent Zoning: Urban Residential (RIB) Zone Adjacent Zoning. North: Urban Residential (RIB) Zone South: Agriculture (AG) Zone East: Urban Residential (RIB) Zone West: Agriculture (AG) Zone 1995 Comp. Plan: Single Family Residential Area: 9.31 Acres MUSA: The site is within the MUSA boundary Introduction Thompson Land Development is requesting Final Plat approval of Prairie Village 6th Addition. The property is located south of STH 169, north of Valley View Road and east of CSAH 17 (Exhibit A). Considerations 1. The Preliminary Plat for Prairie Village was approved by the City Council on July 2, 1996. The Final Plat for Prairie Village e Addition is in substantial conformance with the Preliminary Plat. This is the last phase of the development. 2. The Scott County Environmental Health Department has commented that the proposed area of development is highly susceptible to ground water contamination and that precautions should be taken to minimize the potential for such contaminations_ 3. Shakopee Public Utilities Commission (SPUC) has provided comments attached as Exhibit C. 4. The Engineering Department has provided comment which have been incorporated into the suggested conditions of approval. 5. The City has received communication from residents within the Pheasant Run development. This communication is attached as Exhibit D. In short, the residents are questioning the possibility of connecting Alden Avenue to the parcel to the south (as this parcel was recently purchased by Orrin Thompson) rather than constructing the current plans of a cul -de -sac, which is consistent with the approved preliminary plat. Alternatives 1. Approve the Final Plat of Prairie Village 6'" Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270 per sign pole. ill) Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The park dedication payments shall be paid at the time of the recording of the Final Plat. iv) The drainage and utility easements along the south side of Lot 4, Block 2, and along the north side of Lot 5, Block 2 shall be increased from 5' to 10 1 . v) The developer shall pay all existing levied special assessments. vi) The developer shall provide easements, as required by City Code. vii) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. viii) Prior to construction of the public improvements, the City Engineer and the Shakopee Public Utility Commission must approve the Final Construction Plans and Specifications. 2 ) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Approve the Final Plat of Prairie Village 6 Addition with revised conditions. 3. Do not approve the Final Plat of Prairie Village 6h Addition. 4. Table a decision in order to allow time for the applicant and /or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions listed above. g Acc\ 2001 \cc0619\fpprairi evillage6. doc 3 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PRAIRIE VILLAGE viii: ADDITION WHEREAS, Thompson Land Development, applicant and property owner, has filed an application dated and received May 9, 2001 for Final Plat approval; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A, Prairie Village 5 Addition, according to the recorded plat thereof, Scott County, Minnesota WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon_ THEREFORE, 1 BY THE COUNCIL OF 01 MINNESOTA, CITY OF SHAKOPEE, That the Final Plat of Prairie Village 6th Addition is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270 per sign pole. iii) Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The park dedication payments shall be paid at the time of the recording of the Final Plat. iv) The drainage and utility easements along the south side of Lot 4, Block 2, and along the north side of Lot 5, Block 2 shall be increased from 5' to L! 10' . v) The developer shall pay all existing levied special assessments. vi) The developer shall provide easements, as required by City Code. vii) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. viii) Prior to construction of the public improvements, the City Engineer and the Shakopee Public Utility Commission must approve the Final Construction Plans and Specifications. b) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. E I'T FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. THEREFORE, BE IT FURTHER RESOLVED, that approval of this plat does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 9 2001. Mayor of the City of Shakopee I_�I ly 11 x.Yl W City Clerk PREPARED Y: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 5 Zoning Boundary Parcel • 0 LAC TO: Shakopee Community Development Department FROM: Joseph D- Adams, Plannmg and Engmecrmg Mmager X 44"V SUBJECT: STAFF REVIEW RECORD COMNIENTS for: M. 5 - =-, I I I DATE: 01 1 Municipal water service is available subject to our standard terms and conditions. Thew 3Y-clude, but are not fimited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspection costs, paying the Trunk Water Charge, and paying the Water Connection Charge. These include, but are not limited to: entering into an Underground Distribution Agreerne granting any necessary casements, and paying the associated fees- Street lighting installation is available subject to our standard terms and conditions. These are contained in the current City of Shakopee Street I ighill: Policy. Applicant must pay the associated fees. I I! , 111 - " 111111 IIIIIIII 11111111111111111111W [el • • 1 tl RNI rp FTk Mr-MT92 g; IF-I x-0) a 3) gi A I g I 111IM1136-1 nul 47, 1 D113 Lei MOW I K IMA TIte Shakopee Public Utilities Commission is committed to meeting the growdi needs • the communky in regards to water supply. The Commission is worwlu with. the Minnesota Departments of Health and Natural Resources to ' == 1 necessary approvals to construct new wells and to pump them to increase our water supply capacity to meet projected demand levels. June 8, 2001 Orrin Thomson Homes Attn: Mr. Dennis Kiner 8421 Wayzata Blvd Golden Valley 55426 Dear Sir { I ! We, the residence of Chester Street adjacent to the Orrin Thomson Prairie Village development 6 Addition, would like to request Orrin Thomson Homes to reconsider their preliminary plat for the 6 t ' Addition. It is our understanding that Orrin Thomson Homes has purchased the parcel of land north of Valley View Road and south of the 5 and a Additions of the Prairie Village development_ We request that the plat for the e Addition and the future expansion towards Valley View Road be viewed in whole prior to applying for final plat approval with the City of Shakopee. The current plat for the 6"' Addition has Alden Avenue ending in a "dead end' behind the property along Chester Street The residents of Chester Street are also concerned that the future development of the property south towards Valley View Road will also have a street ending in a "dead end' behind the property along Chester Street This results in the back of properties along Chester Street facing the sides of properties along the Prairie Village development (refer to drawing No. 1). We suggest that this plat be reviewed to determine if there is a possible solution that would have the back properties along Chester Street face the back of properties along the Prairie Village development (refer to drawing No. 2). The design in drawing no. 2 is not meant to be "the solution ", but is included only as a conceptual approach to how the two developments could compliment each other. We feel this approach would provide a more coordinated community between the Pheasant Run and Prairie Village developments. If the "dead end' streets could be eliminated it would also provide a safer community for the residents of Prairie Village in that emergency response vehicles would have two access routes to each parcel of property, rather than the one access route to properties along the "dead end' street This could result in the Prairie Village properties being more desirable to consumers considering the above benefits. We thank you for your consideration in this matter. Sincerely, Phil Isaak (written on behave of the residents of Chester Street adjacent to the Prairie Village development) 2022 Chester Street Shakopee MN Phone (Day): 612 - 376 -2318 Phone (Evening): 952 - 233 -2169 cc: Mr. Micheal Leek Ms. Julie 14ima Community Development Director Planner City of Shakopee City of Shakopee Page 2 June 8, 2001 The following is a list of residents of Chester Street adjacent to Orrin Thomson development in agreement with the requests presented in this letter. Jeff & Cheryl Meyer 2004 Chester Court Chris & Kelly Roe 2014 Chester Court Phil & Kim Isaak 2022 Chester Street John & Sarah Goltz 2030 Chester Street Jrfe/ Weme & Jodi DeJong 2038 Chester Street Jeff & Stephany Pierson 2046 Chester Street Sean & Nancy Wenner 2054 Chester Street Brett & Joni Fesler 2062 Chester Street Jim & Paula Petterie 2070 Chester Street U l I QU ORAMAOE AND UT41TY .O EASENNET PER PRMR1Ev____ ALLAOE 4TH ADOITION P� i z 8 E 7 0 S 4 N N co Z co to Ln c EAT Lrl _ W � ' J / J / w I I Ir A n1T I_)t tr\I FIB -\ - \ IV 1 I \UIV ^T A (1 n I /1 n I I v N I IN mt.; t� \ 1 J / J 30. 0a• � ;-- S _ 1 SOO 107.75 o rrl r I ,g N om C:m K O D m rh o D rS On Z 7�c O O (� 1 30 t t Z N YOZrOm M o V 2� mt.; t� \ 1 J / J Z 0 m / 1 N om C:m K O D m J � D rS On Z 7�c O O M>0>0 7Cr O--1C OmO!* Z C N YOZrOm a0 s o V 2� s n n O D m- \ m m z�oc -< - nmrm ¢g r.m,Z no u - � m a ANDm OR Z 2 t m /Iy.Z m in Z Y 'v OAD 1, F, in c .52 �I zA°1yo -m 113 � I� Pa z S Z =Ogzc O m�Amay C) I u O ` ♦9 0j 1 - 12000 -S?O�• NAVIZO� 'D I y �' "' mo� _ - �C Z 0 m N om C:m K O D m ;V1A AZ D =m T mO D rS On Z 7�c O O M>0>0 7Cr O--1C OmO!* Z C N YOZrOm s n n O D m- \ m m z�oc -< - nmrm ¢g r.m,Z no u - ANDm OR Z 2 t m /Iy.Z m in Z Y OAD 1, F, in c in A r1n zA°1yo -m in Pa z S Z =Ogzc O m�Amay C) I O D DZ N A -S?O�• NAVIZO� 'D I y �' "' mo� _ - �C D A O . _ oO�2 O D f�1 N -y ooZ Z D 0 rn D - r u Z�m X = D > { Dy 4 O 4 C LtO OOOyy Z zyp� m p Z ?m I y ;O.1 §0tn M O z 2 MO Z Z rOA ;N D O N o z uO Z czzro, r�ic N ' S + z AmC N ? Z O O c O n PRAIRIE VILLAGE PRAIRIE VILLAGE FUTURE A»ITII\ 6TH A3DITI❑\ 19 F-8 F -1 15 \ _ R T H T 9 I D C r F_9 C F -2 14 Z 8 F9 F-10 D F -3 13 1> PONDS m z F-11 Z F -4 12 C CI F9 MI 6 5 4 3 F -12 F_5 11 () 2 F-6 1U 7 2 5 \ 1> F -l3 7\ / \ F -T 9 8 1 1 , 2102 2094 2086 2078 2070 2062 2054 2046 2038 2030 2022 2074 2004 CHESTER COURT CHESTER ST. CHESTER ST. CHESTER ST. °ESTER ST. °ESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHl6Htx COURT . DRAWI \G \U 1 [FESTER ST. THIS DRAWING IS NOT TO SCALE CHESTER STREET CHESTER BUT IS DIMMENSI❑NED FROM COURT PRELIMINARY PLAT DRAWINGS. PHEASA \T RU\ 2\ AD3ITI❑\ PRAIRIE VILLAGE PRAIRIE VILLAGE E_TURE A »ITI_\ 6TH ADiITI❑\ D F-7 F -1 n \❑ R T H MIN* 13 ti T 9 z F-6 F -2 7 6 12 D pp C 8 7 m F -7 OP fTl II I PONDS 7 / 2 6 2 5 F -10 7 D /� F-11 g 8 � / \ 1 1 \ 2182 T" S %6 2878 2070 28 2074 2046 2W8 2030 2822 2m1 2E84 CHESTER MU" \ / v CHESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHESTER ST. CHESTE R ST. CHESTER ST. CHESTER ST. GESTER ST. CHESTER ST. CHESTER ST. CHESTER 2E84 �,/ DRAWI \G \ 2 THIS DRAWING IS NOT TO SCALE CHESTER STREET CHESTER BUT IS DIMMENSI❑NED FROM CDURT f PRELIMINARY PLAT DRAWINGS. PHEASA \T RU\ z 2N3 A»ITI❑\ 1 CITY OF SHAKOPEE Memorandum CASE LOG NO.: 01 -079 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of JUERGENS FIRST ADDITION MEETING DATE: June 19, 2001 APPLICATION DATE: May 9, 2001 Site Information: Applicant. G. F. Juergen Construction Inc. (by Gene Juergens, President) Properly Owners: Same Location: Southwest side of Eagle Creek Boulevard; east of Sarazin Street; west of CSAH 83 Current Zoning: Urban Residential (R -1B) Zone Adjacent Zoning: North: I -1, Light Industrial South: R -1B, Urban Residential East: R -113, Urban Residential West: R - 1B, Urban Residential 199; Comp. Plan: Single Family Residential Proposed Comprehensive Plan: Single Family Residential Area: 5.18 Acres, ± 111 USA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning//Location Map Exhibit B: Final Plat and Site Plan Exhibit C: SPUC Comments Introduction: Juergen Construction is requesting Final Plat approval of JUERGENS FIRST ADDITION. The property is located south of CSAH 16 and east of CSAH 16 (Exhibit A). Considerations: 1. The Preliminary Plat for JUERGENS FIRST ADDITION was approved by the City Council on April 17, 2001 _ The Final Plat for JUERGENS FIRST ADDITION is in substantial conformance with the Preliminary Plat. This is the last phase of the development. 2. Shakopee Public Utilities Commission (SPUC) has provided comments attached as Exhibit C. Alternatives; 1. Approve the Final Plat of JUERGENS FIRST ADDITION, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Preliminary plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. Prior to construction of the public improvements, the City Engineer and the Shakopee Public Utility Commission must approve the Final Construction Plans and Specifications. 7. Park Dedication fees shall apply to this plat in the amount of $1,800.00 per lot, and shall be paid at the time of recording of the final plat. 8. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. H. The following conditions shall apply after the recording of the Final Plat: A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. No berming, ponding, signage, or landscaping shall be located in the Scott County right -of -way. C. Any work within the Scott County right -of -way will require a utility permit from the County. 2. Approve the Final Plat of JUERGENS FIRST ADDITION 6`' Addition with revised conditions. 3. Do not approve the Final Plat of JUERGENS FIRST ADDITION 6h Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, approval of the Final Plat, subject to the conditions listed above. Action Requested: Offer a motion to approve Resolution No. 5546 and move its adoption. R. Michael Leek Community Development Director g: \cc \2001 \cc0619\fp juergens. doc 3 V 1 • / i • • • Juergens I st Addition - Zoming B• •. Parcel i • •' • - 03 , 1310 e z alo 1 • : Shakopee Community •r Department • 1 M: Joseph D. Planning and Engineering Manager REVIEW SUBJECT: STAFF RECORD COMMENTS for: CASE NO: 01079 DATE: 0/0/ Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspection costs, paying the Trunk Water Charge, and paying the Water Connection Charge. Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions. These are contained in the current City of Shakopee Street Lighting Policy. Applicant must pay the associated fees. Applicant • t contact Shakopee Public r •- directly for r fic requirements relating • their project a 11 2'" SUNNI Mull'"N M3 131, L0 ' 1 51iVA M TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Manager SUBJECT: WATER SUPPLY CAPACITY DATE: The Shakopee Public Utilities Co mmissi on is committed to meeting the growth needs of the community in regards to water supply. The Commission is working with the Nfinnesota, Departments of Health and Naftuml Resources to secure the necessary approvals to construct new wells and to pump them to increase our water supply capacity to meet projected demand levels. RESOLUTION NO. 5546 RESOLUTION OF OF 1' MINNESOTA, THE IC : OF I ST ADDITIO WHEREAS, G. F. Juergens Construction Inc, applicant and property owner, has filed an application dated and received May 9, 2001 for Final Plat approval; and WHEREAS, the property upon which the request is being made is legally described as found on attached Exhibit A; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Shakopee Planning Commission recommended approval of the preliminary plat, and the City Council approved same on April 17, 2001; and WHEREAS, the City Council reviewed the final plat at its meeting of June 19, 2001. 1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 0 CITY OF p 1 MINNESOTA, as • • That the Final Plat of JUERGENS FIRST ADDITION is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission - d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270 per sign pole. iii) Cash payment in lieu of park dedication shall be required in the amount of $1800.00 per residential lot. The park dedication payments shall be paid at the time of the recording of the Final Plat. M iv) The drainage and utility easements along the south side of Lot 4, Block 2, and along the north side of Lot 5, Block 2 shall be increased from 5' to 10 1 . V) The developer shall pay all existing levied special assessments_ vi) The developer shall provide easements, as required by City Code. vii) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. viii) Prior to construction of the public improvements, the City Engineer and the Shakopee Public Utility Commission must approve the Final Construction Plans and Specifications. b) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and any Developer's Agreement that may be required. THEREFORE, BE IT FURTHER RESOLVED, that approval of this plat does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk 5 a Im-F Nil 1111118 I 8 O con Li I ggr C LLJ C3 7 of �2 re $99 .-C 110 LM F 7 , T . \ — — 7 0 3 x a 8LVr A.Lk,oLOCS UJ L) OSTIM )A16DLDCS tc•"t A11.0LOCS 91 Of Li C Z sez za 11 , 50 W kr ei U.1 Li I' J1 8 O con Li I ggr C LLJ C3 7 of �2 re $99 .-C 110 LM F 7 , T . \ — — 7 0 3 x a 8LVr A.Lk,oLOCS UJ L) OSTIM )A16DLDCS tc•"t A11.0LOCS 91 Of Li C Z sez za 11 , 50 W kr ei i . , TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of SOUTHBRIDGE CROSSINGS FIRST ADDITION MEETING DATE: June 19, 2001 APPLICATION DATE: May 10, 2001 Site Information: Applicant. Shakopee Crossings Limited Partnership (by Steven Soltau) Property Owners: Same Location: Southwest of Southbridge Parkway; west of CSAH 18 Current Zoning. Urban Residential (R -1B) Zone, and Light Industrial (I -1); Conditionally approved, pending final plat, for Neighborhood Commercial (NC) and Planned Residential District (PRD) Adjacent Zoning: North: I -1, Light Industrial, conditionally Community Commercial (CC) and Highway Business (B -1) South: I -1, Light Industrial East: I -1, Light Industrial West: R -113, Urban Residential with a PUD Overlay MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Final Plat and Site Plan Exhibit C: SPUC Comments Introduction: Shakopee Crossings is requesting Final Plat approval of SOUTHBRIDGE CROSSINGS FIRST ADDITION. The property is located south of Southbridge Parkway and west of CSAH 18 (Exhibit A)_ Considerations: 1. The Preliminary Plat for SHAKOPEE CROSSINGS FIRST ADDITION was approved by the City Council on April 17, 2001. The Final Plat for SOUTHBRIDGE CROSSINGS FIRST ADDITION is in substantial conformance with the Preliminary Plat. 2. Shakopee Public Utilities Commission (SPUC) has provided comments attached as Exhibit C. Alternatives: 1_ Approve the Final Plat of SOUTHBRIDGE CROSSINGS FIRST ADDITION, subject to the conditions contained in the attached resolution no. 5547: 2. Approve the Final Plat of SOUTHBRIDGE CROSSINGS FIRST ADDITION with revised conditions_ 3. Do not approve the Final Plat of SOUTHBRIDGE CROSSINGS FIRST ADDITION 6h Addition. 4. Table a decision in order to allow time for the applicant and /or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, approval of the final plat, subject to the conditions listed above. Action Requested: Offer a motion to approve Resolution No. 5547 and move its adoption. R. Michael Leek Community Development Director gAcc\200 Bcc0619\fpsouthbridgecross 1 st_doc 2 I O m All I, Zoning Boundary Parcel Boundary 1 1 I 1 1 0 1 0 A II "I Ml IMMIS 0 IDN MEN 110110 WHEREAS, Shakopee Crossings Limited Partnership, applicant and property owner, has filed an application dated and received May 10, 2001 for final plat approval; and WHEREAS, the property upon which the request is being made is legally described as found on attached Exhibit A; and WHEREAS, all notices of the public hearing for the Preliminary Plat of Shakopee Crossings l' Addition were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Shakopee Planning Commission recommended approval of the preliminary plat, and the City Council approved same on April 17, 2001; and WHEREAS, the City Council reviewed the final plat at its meeting of June 19, 2001- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1' 1 • as follows: That the Final Plat of SOUTHBRIDGE CROSSINGS FIRST ADDITION is hereby approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. C. As part of the Plan A improvements, "No Parking" signs shall be installed along "A" Street and "C" Street, per the sign type and spacing requirements determined by the City Engineer. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges for the residential portion of the plat, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. H. Following approval of the preliminary plat, the following conditions shall apply; A. Prior to development work commencing the developer shall submit drainage calculations including existing and proposed conditions, and summarizing the change in drainage to CSAH 18 and future CSAH 21. B. Subsequent revisions of the preliminary plat or final plat of a portion of the project area will require evaluation of the adequacy, and possible revision of, the Traffic Impact Report filed with the preliminary plat application. C. The temporary signalization of the intersection of CSAH 18 and Southbridge Parkway shall be installed and functioning by September 1, 2001. IV. Following approval and recording of the final plat, the following conditions shall apply; A_ No temporary or permanent certificate of occupancy shall be issued for any structure within the plat unless and until the intersection improvements and temporary signalization are installed and functioning. B. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). C. No berming, ponding, signage, or landscaping shall be located in the Scott County right -of -way. D. Any work within the Scott County right -of -way will require a utility permit from the County. E. Best Management Practices shall be used during the construction of this project to insure against water and wind erosion. F. Utilities shall be constructed with seepage collars to prevent improper draining of groundwater from the area. A. Park Dedication fees shall apply to this plat consistent with the fees outlined in the City's adopted fee schedule in place at the time of building permit issuance. B_ If any private streets are allowed, the streets shall be designed and constructed per the City's requirements for public streets. 0 C. Receipt of approval of the right -in access from CSAH 18 from Scott County; in the event that such approval is not given, the applicant understands that the entire plat may need to be revised and reviewed to address any traffic issues that result from denial of the access, and that the traffic impact report would be revised. D. A MnDOT drainage permit will be required for this development. E. Outlet structures should be equipped with skimmers to prevent floatables from entering the City's storm sewer system. THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of SOUTHBRIDGE CROSSINGS 1 ST ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 9 2001. Mayor of the City of Shakopee ATTEST: City Clerk 5 /S a Ai Ih �t A RESOLUTION OF THE CITY OF SHAKOPEE, MU4NESOTA, APPROVING THE XNAL PLAT OF SOUTHBRIDGE CROSSINGS FIRST ADDITION WHEREAS, Shakopee Crossings Limited Partnership, applicant and property owner, has filed an application dated and received May 10, 2001 for final plat approval; and WHEREAS, the property upon which the request is being made is legally described as found on attached Exhibit A; and WHEREAS, all notices of the public hearing for the Preliminary Plat of Shakopee Crossings 1 Addition were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Shakopee Planning Commission recommended approval of the preliminary plat, and the City Council approved same on April 17, 2001; and WH EREAS, the City Council reviewed the final plat at its meeting of June 19, 2001. NOW, THEREFORE, BE • LVED BY THE CITY COUNCIL OF CITY OF • ' •` TA, as follo That the Final Plat of SO RIDGE CROSSINGS FIRST ADDITION is hereby approved subject to the following conditions: I . The following procedural actions must be completed prior to the recording of e final plat: A. Approval of title by the City Attorney. B. Street "C" is to be renamed, and the name approved by City staff. C. Execution of a Developers Agreement with provisions for Plan A and Plan B improvements, as well as payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. D. As part of the Plan A improvements, "No Parking" signs shall be installed along "C" Street, per the sign type and spacing requirements determined by the City Engineer. I . Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. I Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of Trunk Storm Water Charges for the residential portion of the plat, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule for the entire plat. 6. No public improvements shall be constructed until the City Engineer and the Shakopee Public Utility Commission approve the Final Construction Plans and Specifications. H. Following approval and recording of the final plat, the following conditions shall apply; A. Subsequent revisions of the preliminary plat or final plat of a portion of the project area will require evaluation of the adequacy, and possible revision of, the Traffic Impact Report filed with the preliminary plat application. B. The temporary signalization of the intersection of CSAH 18 and Southbridge Parkway shall be installed and functioning by September 1, 2001. C. No temporary or permanent certificate of occupancy shall be issued for any structure within the plat unless and until the intersection improvements and temporary signalization are installed and functioning. D. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). E. No berming, ponding, signage, or landscaping shall be located in the Scott County right-of-way. F. Any work within the Scott County right -of -way will require a utility permit from the County. G. Best Management Practices shall be used during the construction of this project to insure against water and wind erosion. H. Utilities shall be constructed with seepage collars to prevent improper draining of groundwater from the area. I. Park Dedication fees shall apply to this plat consistent with the fees outlined in the City's adopted fee schedule in place at the time of building permit issuance. J. A MnDOT drainage permit will be required for this development_ K. Outlet structures should be equipped with skimmers to prevent floatables from entering the City's storm sewer system. BE IT FURTHER SOLVED, that approval of the final plat of SO RIDGE CROSSINGS 1ST ADDITION does not constitute a representation or guarantee by the City of 2 Shakopee as to the amount, sufficiency or level of water service that will be available to Iots within the plat as they are developed. BE IT FURTHER RESOLVED, that the appropriate City officials are hereby authorized to enter mito a developer's agreement for this plat- i 1 1 1' It 1 1 1 i Y 1 1a 11 1 I held the day o , 2001. Mayor of the City of Shakopee 3 9 7 STS Project 97905 -XB 02/07/2001 TABLE 1 Shakopee Crossings 1st Addition Tree Inventory Waypoint Number Tree Identification Number Common-Tree; Name Trde Diameter Inches Tree Condition Ranked (A to 5) 5 1 a Box Elder 14 3 5 1 b Box Elder 16.9 3 5 1 c Box Elder 11.5 3 6 2 Box Elder 10.8 2 7 3a Box Elder 9.6 1 7 3b Box Elder 8.5 0 7 3c Box Elder 10.7 2 8 4a Box Elder 8.6 3 8 4b Box Elder 10.2 2 8 4c Box Elder 11.2 0 9 5a Box Elder 11.5 3 9 5b Box Elder 13.7 3 10 6a Box Elder 8.9 -1 10 6b Box Elder 16.9 -1 10 6c Box Elder 8.3 -1 10 6d Box Elder 8.4 -1 11 7a Box Elder 27.7 -1 11 7b Box Elder 14.3 -1 11 7c Box Elder 8.5 1 12 8 Hackberry 10.3 1 13 9a To be determined 15.1 4 13 9b To be determined 12.1 4 13 9c To be determined 8.5 3 13 10 Big Tooth Aspen 23.8 4 13 11 To be determined 8.4 2 14 12 To be determined 9.2 -1 14 13 Slippery Elm 13.2 4 15 14 Box Elder 9.2 -1 16 15 Slippery Elm 13.8 4 16 16 Slippery Elm 9.4 3 17 17 Hackberry 12.9 4 18 18 Slippery Elm 8.2 4 19 19 Green Ash 8.7 2 19 20 Slippery Elm 11.9 2 20 21 Green Ash 8.4 2 21 23 ; Slippery Elm 13.3 -1 22 22 Green Ash 8.3 1 23 24 Slippery Elm 9.7 3 ` 24 25 Slippery Elm 12.1 4 25 26 Slippery Elm 13.2 2 25 27 Slippery Elm 87 3 26 28 Slippery Elm 10 3 27 29 Green Ash 8.4 -1 28 30 Green Ash 10.4 2 29 31 Slippery Elm 9.8 3 Is.a3. T605B001.xis Page 1 of 10 STS Project 97905 -XB TABLE 1 02/07/2001 Shakopee Crossings 1st Addition Tree Inventory Waypoint Number Tree Identification Number Common Tree-e Name. Tree.,Diametdr ;:Tree'Condition inches. Ranked (- 1 30 32 Green Ash 9 -8 2 30 33 Big Tooth Aspen 17.2 4 31 34 Big Tooth Aspen 19.6 4 31 35 Big Tooth Aspen 15.2 4 31 36 Big Tooth Aspen 18.1 4 32 37 Big Tooth Aspen 13.1 4 32 38 Big Tooth Aspen 25.4 4 32 39 Big Tooth Aspen 26.4 4 33 40 Green Ash 8.7 -1 34 41 Green Ash 8.5 2 34 42 Big Tooth Aspen 20.8 4 35 43 Slippery Elm 11.1 -1 36 44 Big Tooth Aspen 22.6 4 37 45 Big Tooth Aspen 14.6 4" 38 46 Big Tooth Aspen ! 21.2 - 3 38 47 Big Tooth Aspen 22.7 4 39 48 Big Tooth Aspen 18.4 3° 40 49 Big Tooth Aspen 9.7 3 41 50 Big Tooth Aspen 11.1 -1 41 51 Big Tooth Aspen 19.5 1 41 52 Big Tooth Aspen 11 -8 2 42 53 Slippery Elm 8.4 -1 43 54 Slippery Elm 11.7 -1 44 55 Slippery Elm 10.1 -1 45 56 Slippery Elm 8.6 3 46 57 Green Ash 11.5 1 47 58 Green Ash 10.9 2 47 59 Green Ash 9 -1 48 60 Slippery Elm 9 -1 49 61 Slippery Elm 9.8 3 50 62 Slippery Elm 14 -6 3 51 63 Slippery Elm 10 2 52 64 Slippery Elm 9.6 3 52 65 53 66 Slippery Elm Bi Tooth A 8.6 21 3 53 67 Big oth spen g " ` 2 4 54 �S8 Big Tooth Aspen 15.4 55 69 Big Tooth Aspen 27.7 4 55 70 Big Tooth Aspen 23.1 4 56 71 Slippery Elm 13.9 -1 57 72 Slippery Elm 12.1 -1 57 73 Big Tooth Aspen 8.5 4 57 74 Big Tooth Aspen 25.4 4 57 75 Slippery Elm 11.9 4 58 76 Green Ash 8.7 -1 Page 2 of 10 T6056001 -xis STS Project 97905 -XB TABLE 1 02/07/2001 Shakopee Crossings 1st Addition Tree Inventory Waypoint Number Tree Identification Number CommomTree Name Tree ?Diameter = ,Inches :Tree =Condition- Ranked (4 to 59 77 Slippery Elm 10.5 1 60 78 Slippery Elm 14.4 2 61 79 Slippery Elm 9.9 3 62 80 Bur Oak 17.1 5 63 81 Slippery Elm 9 4 63 82 Green Ash 9 1 64 83 Slippery Elm 13.4 3 64 84 Slippery Elm 10 2 65 85 American Elm 13.6 -1 66 86 American Elm 13.8 -1 67 87 American Elm 16.4 -1 67 88 American Elm 11.2 -1 67 89 American Elm 9.6 -1 68 90 American Elm 10.1 1 68 91 Green Ash 9.8 1 69 92 Green Ash 9.8 -1 70 93 Box Elder 11.9 -1 71 94 Box Elder 15.7 1 71 95 To be Determined 8.4 0 72 96 Green Ash 13.9 3 73 97 American Elm 9.1 4 74 98 Big Tooth Aspen 17.2 -1 74 99 Big Tooth Aspen 13.5 4 74 100 Big Tooth Aspen 18.4 4 75 101 Big Tooth Aspen 13 4 76 102 To be Determined 12.2 -1 76 103 To be Determined 13.5 3 77 104 Big Tooth Aspen 8.1 -1 78 105 Box Elder 8.2 1 78 106 Box Elder 10.1 2 78 107 Big Tooth Aspen 22.4 5 79 108 Slippery Elm 8.2 4 80 109 Box Elder 11.5 -1 81 , 110 Slippery Elm 8.3 3 82 111 Slippery Elm 9.2 4 83 112 American Elm 10.2 4 84 113 Box Elder 8.7 -1 85 114 To be Determined 19.9 3 86 115 To be Determined 12.7 -1 87 116 Box Elder 23.1 -1 88 117 Hackberry 9.6 4 88 118 Box Elder 13.6 -1 89 119 Box Elder 11.2 1 90 120 Box Elder 8.8 -1 91 1 121 1 Black Cherry 10.2 1 4 T60513001.As Page 3 of 10 N O S Leo 8 © V V -Q — ,,a v r m 0 D Z -< p - o 0 Z z �z mm C :U CD 0 N N -p / r o a y v 0 3 z C� N P O F 0 -9 'f5 — R-87,6 5T 603.45 s� I O � T. ~ l D / m f n Li L.� lcz� u 60 '�0 1 --1 6-- L--.� "aw L N O S Leo 8 © V V -Q — ,,a v r m 0 D Z -< p - o 0 Z z �z mm C :U CD 0 N N -p / r o a y v 0 3 z C� N P O F 0 -9 'f5 — R-87,6 5T 603.45 s� I O � T. ~ l D / m 0 tO — D T r m N O O m N � � 3 A 0 21 ( (A 0 Ul CA n Ln DRAW14 BY: DATE: DATE: REVISIONS BY: D o ..� .� TREE SURVEY TAK 01/19/2001 DATE TEXT BY: M Z Ln o Q7 ` J p � o SHAKOPEE CROSSINGS 1st ADDITION (STRATFORD VILLAGE) CHECKED BY: GATE: = o 0 ° n COUNTY ROAD #18 AT SOUTHBRIDGE PARKWAY APPROVED BY: GATE: N 0 m x N SHAKOPEE, MINNESOTA sic Z G CAOFILE NAME: Q X: \97905X6 \06058001.DWG d. 0 .6. 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' YKC+' x_ .r -_. ___ -- r,. - ..xu*..l�`S _- .:?. ?.- - WS s _�.,�_.c.�_:___�..___...+ -_- :_._. _- -._•_. �.- �� .._...t�� •.< - 4• _ - -_ .- _���.._- ...`___ _ ... - : L c;�.Pd 4 CITY OF SHAKOPEE Memorandum CASE NO.: 01095 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I SUBJECT: Waiver of Subdivision Criteria ME ETING DATE: June 19, 2001 lem N . 0 1 l 5 - - D. �p Carlos Lopez and Emanuel Solis have submitted a request for waiver of the criteria for minor subdivisions that requires that the land to be subdivided be previously platted. The City received an application from Mr. Solis and Mr. Lopez for residential property located at 838 e Avenue East. Since the property has not been previously platted, a request for waiving a portion of the ordinance as it relates to minor subdivisions is necessary. Such requests are infrequent, but they have been granted by the Council in the past. Section 12.21 MINOR SUBDIVISIONS., Subd. 2. states that minor subdivisions are prohibited when: A. Where the subdivision includes a change in existing streets, alleys, water, sanitary or storm sewer, or other public improvements. B. Where additional right -of -way needs to be dedicated, and the right -of -way has not been previously been deeded to the City. C_ Where easements need to be changed for the subdivision, and the appropriate changes have not been made through vacation and/or deeding of easements to the City. D. Where new streets, utilities, or other public improvements will be needed other then to directly serve the lots created and to provide a direct connection to an existing and approved system. E. Where the proposed minor subdivision involves any unplatted property. F. Where the proposed minor subdivision involves unusual elements, policy decisions, that the Planner determines require detailed review. This proposal would require a waiver of item E. Attached for the Council's information is a copy of the submitted survey. If the request is approved, the applicant's intent is to construct a residence on the newly created lot_ This structure would be able to comply with the design standards for the zoning district in which it is located (R -1 C Zone). 1. Approve the request to waive subdivision criteria. 2. Do not approve the request to waive subdivision criteria. 3. Table the matter and request additional information from staff and/or the applicant. t CID11111M 1 Offer a motion consistent with the Council's preferred approach, and move its approval. k Noble Planner I 0 g: \Cc\2001 \0619 \waiverlopez_doc 00.00 _ rco 00 - IC) ° 5a-°3o E 9 0RqU_SL \0 + e S O LrrN LiOe 0� FDL\ TN A UEr1 ur PARCEL A That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, described as follows: Commencing at the intersection of the south line of Fourth Avenue with the west line of Dakota Street in East Shakopee as on file and of record; thence southerly along the west line of Dakota Street 142.00 feet; thence westerly parallel with the south line of Fourth Avenue 60.00 feet to the point of beginning; thence continuing westerly parallel with said south line 60.00 feet; thence northerly parallel with said west line 142.00 feet to south line of Fourth Avenue; thence easterly along south line 60.00 feet; thence southerly parallel with said west line 142.00 feet to the point of beginning. PARCEL Al That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, described as follows: Commencing at the intersection of the south line of Fourth Avenue with the west line of Dakota Street in East Shakopee as on file and of record; thence southerly along the west line of Dakota Street 150.00 feet; thence westerly parallel with the south line of Fourth Avenue 60.00 feet to the point of beginning; thence continuing westerly parallel with said south line 60.00 feet; thence northerly parallel with said west line 150.00 feet to south line of Fourth Avenue; thence easterly along south line 60.00 feet; thence southerly parallel with said west line 150.00 feet to the point of beginning. PARCEL B That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, described as follows: Beginning at the intersection of the south line of Fourth Avenue with the west line of Dakota Street in East Shakopee as on file and of record; thence southerly along the west line of Dakota Street 142.00 feet; thence westerly parallel with the south line of Fourth Avenue 60.00 feet; thence north- erly parallel with said west line 142.00 feet to the south line of Fourth Avenue; thence easterly along said south line 60.00 feet to the point of beginning. PARCEL B1 That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, described as follows: Beginning at the intersection of the south line of Fourth Avenue with the west lin( of Dakota Street in East Shakopee as on file and of record; thence southerly along the west line of Dakota Street 150.00 feet; thence westerly parallel with the south line of Fourth Avenue 60.00 feet; thence north- erly parallel with said west line 150.00 feet to the south line of Fourth Avenue; thence easterly along said south line 60.00 feet to the point of beginning. I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described property located in Scott County, Minnesota as on file and of record in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Dated: A r- c v V GNA C5 r'Y IZ . M I GH� -L- L G eTY of _'4�fEF— m03/09--F Allan R. Hastings Minnesota Registration No. 121 Lewis Street S. Suite No. 102 Shakopee, Minnesota 55379 Phone 612 445 4027 17009 • a a CITY OF SRAKOPEE Memorandum • TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Transit Tax Levy and Budget MEETING DATE: June 19, 2000 1► • ,I &IM 1 [ 1 By June 30, 2001 the City is required to certify to the Minnesota Department of Revenue whether it intends levy the transit tax locally for taxes payable in the year 2002. Once certification of the City's intent is made, it cannot be reversed for taxes payable in 2002. If the City does not opt to levy the tax locally the Metropolitan Council would levy the tax. Council should, however, be aware that legislation expected to be signed into law would render this decision moot, as it would remove funding of transit from the property tax and substitute an MVET transfer. Should this occur, staff will apprise the Council of any steps the City will need to take. Attached for the Council's information is the May 23,2001 letter of the Minnesota Department of Revenue regarding this matter. The City's payable 2001 transit tax levy limit was $536,287.00. The maximum payable 2002 transit tax levy limit would be $676,200.00. The Council should indicate in its motion whether it intends to levy the limit or some lesser amount. A number of other opt -out communities in the past have chosen to levy somewhat less in recent years. 1. Offer and approve a Resolution No. 5548 certifying the City of Shakopee's decision to locally levy the transit tax. 2. Offer and approve a revised Resolution No. 5548 certifying the City of Shakopee's decision not to locally levy the transit tax. 1. e Staff recommends Alternative No. 1. TRANSITIW911 1 ti X11 1 Offer and approve Resolution No. 5548 certifying the City of Shakopee's decision to locally levy the transit tax, and to direct the appropriate persons to communicate the Council's decision to the Minnesota Department of Revenue by June 30, 2001. R. Michael Leek Community Development Director TRANSIT/W91J TRANSIT TAX . PAYABLE 2002 WHEREAS, the City of Shakopee is required to notify the Minnesota Department of Revenue of it's intention whether to locally levy the transit tax for payable 2002; and WHEREAS, the City Council has found that it is in the City of Shakopee's best interest that the transit tax for payable 2002 be levied locally; and WHEREAS, the City of Shakopee's Payable 2002 Transit Services levy limit is $676,200.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Minnesota Department of Revenue be notified by June 30, 2001, that the City of Shakopee will levy the transit tax in the amount of locally for payable 2002. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee F..V. City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 TRANSIT/W9U MINNESOTA Department of Revenue Property Tax Division May 23, 2001 I R. Michael Leek, C' City of Shakopee 129 Holmes Street', Shakopee, Minnes�"It; Dear Mr. Leek: U._. 55379 -1351 Mail Station 3340 St. Paul, MN 55146 -3340 Phone(651)296 -3394 Fax(651)297 -2166 The payable 2002 transit services levy limitation for operating costs and capital expenditures for the city of Shakopee has been determined. This levy limitation is determined and certified under M.S. 473.388, Subd. 7. The enclosed table shows the determination of this levy limitation. As in the past, this levy limitation amount is before HACA reduction. The statute requires that a municipality which intends to exercise the transit services local levy option for the taxes payable year 2002 must notify the Department of Revenue and the Metropolitan Council of its intent on or before June 30, 2001. The notification must include the amount of the municipality's proposed transit tax for levy year 2001, taxes payable 2002. If your city intends to levy a transit tax under the transit services local levy option for the taxes payable year 2002, please send us a certification of your city's intent along with a certification of your city's proposed payable 2002 transit tax on or before June 30, 2001. The amount of the proposed payable 2002 transit tax certified to the Department of Revenue should be the amount before HACA reduction. If the required certification is not received by the due date, your city may not levy a transit tax for the taxes payable year 2002. After June 30, 2001, your city's decision to levy or not to levy a transit tax for the taxes payable year 2002 is irrevocable. If your city has certified that it intends to levy a transit tax for the taxes payable year 2002, the only change that may be made after June 30, 2001 is to reduce the amount of the transit tax. If you have any questions concerning this letter or the enclosed table, please contact me. Sincerely, Shawn Wink Research Analysis Specialist Enclosure cc: Tim Fleetham, Budget Coordinator Metropolitan Council An equal opportunity employer TTY /TDD: (651) 215 -0069 1. Payable 2001 Levy Limit * $ 536,287 2. Payable 2000 Total Taxable Market Value ** $ 1,051,625,200 3. Payable 2001 Total Taxable Market Value ** $ 1,325,986,100 4. Payable 2001/Payable 2000 City Market Value Ratio (3/2) 1.260892 5. Payable 2002 Levy Limit (1 x 4) * $ 676,200 * Before HACA reduction. ** Includes tax increment values, fiscal disparity values, and powerline credit values. However, the amounts shown are after (1) limited market value adjustments and (2) market value exclusions for improvements made to qualifying homestead property ( "This Old House" exclusions). Prepared by: Minnesota Department of Revenue Property Tax Division May 18, 2001 s ► )f CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Engineering Tech. II DATE: June 19, 2001 INTRODUCTION: COM"'F"I The Council is asked to authorize the appointment of Bonnie Horner to Engineering Tech II. BACKGROUND: The Engineering Department has three Engineering Technician positions open at this time. Staff has interviewed three candidates for the position available. The position was advertised with Scott County and after the posting, applications were received and three candidates interviewed. An interview panel consisting of the Payroll/Benefits Coordinator, Assistant City Engineer and Public Works Director has conducted the interviews and is recommending to hire Bonnie Horner. Ms. Horner has worked for the ADC Telecommunications, Nicollet County Highway Department as an intern and has a two year civil technology degree from Mankato. Staff is recommending that Ms. Homer's starting salary be at Step 1, Engineering Tech. II, Grade D of the City's 2001 Pay Plan. RECOMMENDED ACTION: Move to authorize the hiring of Bonnie Horner to the position of Engineering Tech. II starting at Step 1, Grade D of the Non -Union 2001 Pay Plan effective June 25, 2001, subject to the successful completion of a pre - employment physical and background check. r Public Works Director BI/pmp HORNER CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Agreement - Recruiting and Hiring Services DATE: June 14, 2001 The Council is asked to approve an agreement with Scott County for recruiting and hiring services for employees. The Scott County Employee Relations Department has contacted us, requesting that the City enter into an updated service agreement for recruiting and hiring activities. The existing agreement with the City has been in place since 1992, and had an addendum in 1993. Scott County Risk Management has directed that all service agreements be brought up to date. Under the previous agreement, Scott County billed the City an hourly rate, which included a formula for overhead. In addition to that, the City was billed separately for postage, faxing, applications, envelopes, etc. In the new agreement, Scott County proposes a billing structure utilizing a flat fee of 1 times the employee's hourly wage. The 1.5 factor was determined by taking the Employer Relations Department budget, then subtracting salaries, and thereby determining the non - salary costs. That amount is 50 %. The County will now bill the City for the actual time spent on recruitment activities, and the overhead costs are now included in that fee. The rates for the two employees typically working on this will be $25.28 per hour and $31.86 per hour, which reflects the 2001 salary rates times 1.5. So that the existing relationship with Scott County can be retained, I recommend that the service agreement as proposed be approved. If the Council concurs, it should, by motion, direct that the City execute the standard agreement by and between the County and City of Shakopee for recruitment and hiring purposes. Mark McNeill City Administrator MM:th {Yf � (jl Job Line: (952) 496 -8598 TTY/TDD: (952) 496 -8170 May 30, 2001 Ms. Marilyn Remer Payroll /Benefits Coordinator City of Shakopee Shakopee City Hall 129 Holmes Street Shakopee, MN 55379 Dear Marilyn: Fax: (952) 496 -8446 http://www.co.scott.mn.us Enclosed please find the service agreement about which I e- mailed you on May 18. As you may recall from that e -mail, Scott County Risk Management has asked that all service agreements be brought up -to -date. Our existing agreement dated back to 1992 (with an addendum in 1993). It was my intent to incorporate the scope of services from the old agreement into the new agreement format. Please note there was a change made under 1 A. Compensation. Our fees had not been updated since 1998. Our fees were changed based on updated fee policy guidelines. Please review the new agreement and let me know if you have questions. If all is ok please have the appropriate parties sign both copies and return them to me. County signatures will be added and a copy will be returned for your files. It is a pleasure working with you and the department directors on recruitment activities. Dave Kigin and I are always available to meet to discuss how we can improve our service to the City. Best Reg��arAAds,,�� C� 1vV�S Lori Huss Employee Relations Representative Scott County Enclosures cc: Mark McNeill, City Administrator An Equal Opportunity /Safety Aware Employer • • 0 THIS AGREEMENT, by and between the County of Scott Minnesota, hereinafter referred to as "County," and City of Shakopee Minnesota, hereinafter referred to as "City." RECITALS: 1. The City has indicated a desire for the County to develop and distribute job posting notices and ads; develop and administer written exams or training and experience (T &E) ratings; certify potential job candidates; maintain applications according to statutory requirements; and provide other related recruitment services, and 2. The County has indicated a willingness to provide and assist the City with such services; NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the County and City hereby agrees as follows: Compensation and Terms of Payment A. Compensation The County shall be compensated at a rate of 1.5 x base hourly rate for payment of staff time spent on City recruitment activities, plus full cost of each position's ads as authorized by the City. B. Terms of Payment The County shall submit invoices to the authorized agent of the City on a quarterly basis for payment for work completed. All services provided by the County pursuant to this agreement shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 3. Scope of Services A. Provider agrees to furnish the following services during the term of the agreement: Upon receipt of a written job description, the County shall provide recruitment services to include development & distribution of postings, ads, post memos, application inserts, rating criteria; in- taking applicant calls and mailing applications; administering exams and rating criteria; developing eligible register lists; processing certified lists; processing applicant information and letters. All work will be conducted in accordance with Scott County Personnel System Rule III — Recruitment - parameters. Other related recruitment services may also be performed at the request of the City. 4. Effective Date of Contract This agreement shall be in effect when both parties agree to the terms and as of the date a request is made for recruitment services. 5. Term of Contract This agreement shall remain in effect from the date as determined in #4 above and shall automatically renew annually unless earlier amended or terminated as provided herein. • WyffmUt Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of the City relative to this agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by County for a minimum of six years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies Provider in writing that the records need no longer be kept. 7. Indemnity Both parties to this Agreement recognize each other as a political subdivision of the State of Minnesota. Each party mutually agrees to indemnify, defend and hold harmless the other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this agreement. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims arising from a single occurrence, include the other party's claim for indemnification, to the limits prescribed under 466.04. 8. Data Practices The County, in providing all services hereunder, agrees to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold the County, its officers, department heads and employees harmless from any claims resulting from the unlawful disclosure or use of data protected under state and federal laws. 9. Termination This agreement may be terminated by either party, with or without cause upon 30 days written notice. 10. Changes The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The execution of the change shall be authorized and signed in the same manner as for this agreement. 11. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by Chairman, Scott County Board of Commissioners Date by Mayor Date by City Administrator Attest [Name] Scott County Administrator by Date Approved as to form: [Name] Scott County Attorney Date City Clerk G :City /Billdocs /2001contract.doc 15, F. 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: On Sale and Sunday Intoxicating Liquor Licenses Technics Construction Inc. DATE: June 14, 2001 City Council is asked to consider applications of Technics Construction Inc., DBA Java Jilis Specialty Coffees and Cafe, for on sale and Sunday on sale intoxicating liquor licenses. Mr. Michael Werth of Technics Construction Inc. has made application for an on sale and Sunday on sale intoxicating liquor license for his new restaurant at 238 South Lewis Street. The applications are in order and evidence of insurance is on order. The applicant has provided information documenting the minimum investment required for a new license. The Police Department has conducted the background investigation. The investigation has produced nothing that would prohibit the issuance of the licenses. The Board of Adjustments and Appeals did approve a Conditional Use Permit on May 17, 2001 for the restaurant, which is considered a Class II Restaurant in a B -3 zone. Because this is a new restaurant in a building which is being remodeled, the Building Department will be conducting a final inspection and issuing a Certificate of Occupancy. The liquor licenses will not be delivered until the Certificate of Occupancy is issued. This license will be treated as a Class A license, according to the City Code. This is an establishment under 4,000 sq. ft. The Rock Spring Class A license is not being renewed. There are three licenses available for new businesses. Approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Technics Construction Inc., DBA Java Jills Specialty Coffees and Cafe, 238 South Lewis Street, effective August 1, 2001, conditioned upon compliance with all City Code requirements. JSCJS I: Jeanette/Liquor/rechnics 15 a F. 4 CITY OF SHAKOPEE TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: Temporary 3.2 Percent Malt Liquor License — Shakopee Jaycees DATE: June 12, 2001 I ' 1 1 The Shakopee Jaycees have made application for a temporary on -sale 3.2 percent malt liquor license for Derby Days on August 3 and 4, 2001. The application is in order and the certificate of insurance is on order and will be forthcoming. I have been in contact with the Chief of Police regarding the application. He recommends approval of the license with sales to cease at 11:00 p.m. as was done last year. Move to approve the application and grant a temporary on -sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc., municipal parking lot at 2 nd Avenue and Lewis Street, for August 3 and 4, 2001, with sales to cease at 11:00 p.m., conditioned upon receipt of the certificate of insurance. City Cle k i JSC /js Veanette / liquor /XTempBeer) CITE' OF SHAKOPEE Memorandum MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 2001/2002 3.2 Percent Malt Liquor License Renewals DATE: June 14, 2001 I NTRODUCTION 15. F. 3. The following businesses have applied for a 2001 -2002 On or Off Sale 3.2 Percent Malt Liquor Licenses. Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements. Two applications are not in order for one of the reasons identified in the preceding paragraph. Council approval of these licenses will be conditioned upon compliance with all City Code requirements. No license will be delivered until the licensee is in compliance with all requirements. I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services. She has advised that the well at Stonebrooke Golf Course has been recently tested and found to be within normal limits. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5.02, Subd. 9, which requires connection to City water and sewer. ACTION REQUESTED 1. Approve the applications and grant an On Sale or Off Sale 3.2 Percent Liquor Licenses, to: Application In Order Applicant On Sale Yes Coffeehouse Ground Zero, Inc. X 1114 Vierling Drive East Yes Magnum Management Corporation dba Valleyfair X One Valleyfair Drive Off Sale Yes Raceway Park Inc. X One Checkered Flag Blvd. Application In Order Applicant On Sale Off Sale Working Shakopee Jaycees Inc. X On Joe Schleper Baseball Stadium at Tahpah Park Yes Sky Ventures LLC X dba Pizza Hut 257 Marschall Road Working Stonebrooke of Shakopee, Inc. X On 2693 County Road 79 Yes Holiday Stationstores, Inc. X 444 East 1 st Avenue Yes Holiday Stationstores, Inc. x 1381 Greenwood Court Yes Shakopee 1997 LLC X dba Cub Foods 1198 Vierling Drive East Yes Speedway SuperAmerica LLC #4546 X 1298 Vierling Drive East Yes Speedway SuperAmerica LLC #4035 1155 East 1st Avenue X Yes Speedway SuperAmerica LLC #8510 X 1195 Canterbury Road Yes Tom Thumb Food Markets, Inc. X 590 South Marschall Road 2. Waive the requirement of City Code Section 5.02, Subd. 9, for Stonebrooke of Shakopee, Inc. ' S ,# A City Clerk [liquor \CCmemo] MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine License DATE: June 14, 2001 INTRODUCTION AND BACKGROUND Coffeehouse Ground Zero Inc. has applied for a 2001 -2002 On Sale Wine License. The application and insurance requirements for the wine license are in order. Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited the premises for the annual inspection, per City Code. ACTION REQUESTED Approve the application and grant an On Sale Wine License to Coffeehouse Ground Zero, Inc., 1114 Vierling Drive East. City C erk JCS /ys [liquor \CCmemo] /5. F. 5. CITY OF SHAKOPEE Memorandum MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: 2001/2002 Intoxicating Liquor License Renewals DATE: June 15, 2001 Introduction The following businesses have applied for a 2001 -2002 Liquor License(s). Staff has checked for delinquent property taxes and utility bills. The Building Inspector has visited premises for the annual inspection, per City Code. Applications and certificates of insurance have been reviewed for compliance with state requirements. Five applications are not in order for one of the reasons identified in the preceding paragraph. Council approval of these licenses will be conditioned upon compliance with all City Code requirements. No license will be delivered until the licensee is in compliance with all requirements. I have been in contact with Michelle Messer, Minnesota Department of Health, Environmental Health Services. She has advised that the well at Dangerfields and at the KC Hall have been recently tested and found to be within the normal limits. It is appropriate, therefore, for City Council to approve waiving the requirement of City Code Section 5.02, Subd. 9, which requires connection to City water and sewer. Recommended Action 1. Approve the application(s) and grant an Off Sale On Sale Sunday and/or Club Intoxicating Liquor License(s), conditioned upon compliance with all City Code requirements, to: Application In Order Applicant On Sale Sunday Off Sale Club Yes AFFC, Inc. dba Arnie's Friendly Folks Club 122 East First Avenue Yes Apple American Limited Partnership of Minnesota dba Applebee's 1568 Vierling Drive East X X X X App lication A In Order Yes Yes Yes Yes Yes Yes N I � , � .-M I ou Inv Working On Applic On Sale Sunday Off Sale Club Pablo's Mexican Restaurant, Inc. X Bretbecca. Inc X X X X X X X F14 Heyde Hospitality Inc. SEE SEPARATE AGENDA dba Park Inn & Suites ITEM NO. 15.17.6. dba Pullman Club 124 West 1 st Avenue Babe's Place, Inc. X 124 South Holmes Canterbury Park X Concessions, Inc. 1100 Canterbury Road Dangerfield!s Restaurant, Inc. X 1583 East 1st Avenue (includes deck) 1244 Canterbury Road (includes volleyball court) Pablo's Mexican Restaurant, Inc. X 230 South Lewis Street (includes outside dining and drinking) Saba Entertainment, LLC X dba Saba's Sports Bar & Grill 911 East I st Avenue (includes deck) Sabroso,Inc. X 1120 East V Avenue Shakopee Ballroom and X Banquet Center Inc. 2400 4th Avenue East TL Foods, Inc. X dba Harwell's Steakhouse 1128 Vierling Drive East (includes outside dining and drinking) Turtle's Bar and Grill, Inc. X 132 East First Avenue (includes Banquet Center) 0 a 0 "I Application In Order Applicant On Sale Sunday Off Sale Club Yes Crossroads Liquor of Shakopee LLC X 1262 Vierling Drive East Yes Family Dining Inc. X dba Budget Wine & Spirits 6268 Hwy 101 Yes MGM Spirits Express, Inc. X dba MGM Liquor Warehouse 471 Marschall Road Yes Riverside Liquors, Inc. X 507 East 1st Avenue Yes Valley Liquor, Inc. X 1104 Mimiesota Valley Mall Yes American Legion Club Post 92 X X 1266 East 1st Avenue Yes Fraternal Order of Eagles #4120 X X 220 2nd Avenue West Yes Knights of Columbus Home X X Association, Inc. 1760 East 4th Avenue Yes VFW Post #4046, Inc. X X 1201 East Third Avenue 2. Waive the requirement of the City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc. and for Knights of Columbus Home Association, Inc. 3. Consistent with previous approvals, the following conditions are placed on the approval of the licenses for Saba Entertainment, LLC dba Saba's Sports Bar and Grill: a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset. b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant's failure to comply with any of these conditions shall be grounds for suspension or revocation of the license by the City Council. 4) F:L,quor/ccMemo] City`Cllerk �, 4 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Heyde Hospitality Inc. License Renewals DATE: June 14, 2001 INTRODUCTION• City Council is asked to waive the provision in the City Code requiring payment of property taxes at the time licenses are renewed for the sale of alcoholic beverages. BACKGROUND: The 2000 -2001 liquor licenses of Heyde Hospitality Inc. will be expiring June 30, 2001. The applications are in order with one exception. The owner of Heyde Hospitality Inc. dba Park Inn & Suites has submitted the attached letter asking the City Council to waive that part of the City Code requiring that payment of taxes are current. City Code 5.02, Subd. 7. states that, - - No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City are owed by the applicant and are delinquent and unpaid.'' In his letter dated, June 13, 2001, Mr. Heyde proposes to pay the delinquent taxes due October, 2000, prior to the renewal date of the licenses. He proposes to pay the remaining due this year at a rate of $20,000 per month, beginning July 1, 2001. ALTERNATIVES• 1) I am advised by the City Attorney that the City Council has an inalienable right to waive provisions in the City Code relating to the issuance of permits and licenses. 2) The City Code could be amended to dispense with requiring payment of the 1st one -half of taxes prior to license renewals effective July 1. Such an amendment, however, would not take effect until after adoption of the ordinance and publication. Heyde Hospitality Inc. License Renewals June 14, 2001 Page 2 3) The request can be denied as well as the license renewal effective July 1, 2001. RECOMMENDED ACTION• Discuss the request of Mr. Heyde and give direction to staff. Should Council elect to go with alternative number 1, the appropriate action would be to: 1. Waive the requirement of the City Code, Section 5.02, Subd. 7 and grant the request of Dennis Heyde, Heyde Hospitality, Inc., regarding payment of taxes as outlined in his letter dated June 13, 2001; and, 2. Approve the applications and grant Off Sale, On Sale, and Sunday On Sale intoxicating liquor licenses to Heyde Hospitality Inc. dba Park Inn & Suites, 1244 Canterbury Road. tv, 'A Sent By: HEYDE COMPANIES; 7157231205; Jun-13-01 2:51PM Page 2/2 ir T HEYDE T 11 1 0SPITALITY, INC. ' 345 FrenetLe Drive - Chippewa Falls, Wi 5 5� 17 PH: (7 15) *726-9094. • FAX: (71':11 723-120r. r H: s wwwhe'idellu • ' une I Fanny Hill hin 4 Dinrietlfjealrc '1Wu 0 ftniuc. Lou dijirc, \V( 51703 Mayor & City Counsel P! 1: 719 836- 8 1 City of Shakopee Shakopee, MN 55379 Park Inn Suites Y'RO lo'inson Avt:!!UQ Re: Park Inn & Suites — 1244 Canterbury Road - Shakopee, MN 55379 MN We have been working with Judy Cox, City Clerk and Bob Schmidt of the Scott County Assessors Office on issues relating to the tax assessment on the Park Inn Park Inn & Suites and Suites — Shakopee. Canterbury I:ood S'Mikopm I-AN 55 37, As we have explained to Judy and Bob, we are in the middle of a civil action J 61 lawsuit against DT. George 0h, the former owner of this property, as he provided fraudulent financial statements to us thereby inflating the value of the property. Park Inn Our estimated market value for 2000 payable in 2001 was set at $6,822..400.00. 90. Ch�-U-ut VIqjr1io, TVIN )W92 Based on real financial performance, the value should be reduced in appeal to 1)11. 118-749-1000 $ 5,000,000.00 or less. c : -mad rnaiW--pcirkinnvirginia CcIrn We do not have the financial resources at this date to pay the outstanding tax of Perk hin $316,226.42. We at the same time would need to close down, if we were to t(JU9 We5� Park.&'V�n;lv chlppr)V.l Czslle. V lose our liquor license until taxes were paid in full. We would propose that we pay you prior to the renewal date of our license, the delinquent amount from last year of $176,297.00 which includes penalties, and Park lim 1; SuiLfz.-, pay monthly the remaining due this year at current assessment at a rate or 520,000.00 per month, beginning July 1, 2001. 1':;w C.Iairc W1 54701 P H. 715.8'Z -9989 www x due with the When our tax appeal is resolved, we can reconcile our actual t& payments then made and adjust our monthly payment plan. Park Plaza N0(111 Vain Finpot Our court date for our action against Dr. Oh is set for November 12, 200 at the Oz;h korh, WI 5 "40 n I. 920-231-50r)(1 offices of the Arbitrator. Once that action is resolved, we will work with Mr. w%v,, parkplamashkn1,11 •oril Schmidt to be certain we are paying our fair share of the tax note. 1 Inn We appeal to the City of Shakopee to work with us to resolve this issue. We 00 Highwxy 151 understand this is an unusual request, but as a large property tax payer, we need Jrt - ? V[I1fi. \V1 "1"1 immediate assistance in order to survive our cash flow problems. (J H - 018. 3,1S.2 your ki III tj itaTTFAii I Sincerely, 1>,irk Inn )(101 N:xflh Niourim'n Ruud wLws�;U. '1'! 544111 Dennis L. Hey de wtvw prWrinwAlis w.corit Owner r- -rail m;•fil4Gparkirn!wrai�uu.�ait', 15 • / MEMORANDUM TO: Judy Cox, City Clerk FROM: Jim Thomson, City Attorney DATE: June 19, 2001 RE: Heyde Hospitality, Inc_ Liquor License Renewal (Agenda Item # 15.F.6) I reviewed the agenda information pertaining to the above matter, including the June 14, 2001 letter from the licensee. In that letter, they indicate that the property taxes that were due in 2000 will be paid in full by June 30, 2001. They also indicate that they will be making partial payments of $20,000 per month on the 2001 property taxes. Your staff memorandum correctly indicates that the city code provides that a liquor license cannot be issued if property taxes are "delinquent and unpaid." Minnesota Statutes, Sec. 279.02 states that property taxes become delinquent on the first business day in January of the year after which they are due and payable. Minnesota Statutes, Sec. 279.01 states that property taxes that are not paid on May 15 and October 15 incur a penalty, but those taxes are not deemed "delinquent" until the first business day in January of the following year. If the intent of the city code provision is to require taxes to be paid on the May 15 and October 15 deadlines, we will need to amend the city code to add such a provision. Based on the Minnesota statutory provisions, I recommend that the City Council adopt the second recommended action in your staff report, adding a condition that the license is approved subject to the 2000 property taxes being paid in full by June 30, 2001. JJT- I99164vI SH 155 -23 15. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Purchase Agreement and Easement for Murphy's Landing DATE: June 14, 2001 The City Council is asked to enter into a purchase agreement and easement with Hennepin Parks, for the land currently operated by the Minnesota Valley Restoration Project (Murphy's Landing). Last November, the Council was advised that the Suburban Hennepin Regional Parks District (Hennepin Parks) had indicated an interest in operating the Murphy's Landing site as a regional facility. Over the course of the past several months, negotiations have proceeded between the City, Murphy's Landing Board of Directors, and Hennepin Parks. After exploring several alternatives, including a lease, it has been determined that a purchase agreement with easements is the most workable solution to transferring responsibilities from the Minnesota Valley Restoration Project to Hennepin Parks. Included in that would be a reverter, so that if the property ceased to be used as a historic recreation, ownership would revert to the City of Shakopee. The highlights of the purchase agreement include: • A closing within 60 days of approval by the City and Hennepin Parks, at which time Hennepin Parks would assume all maintenance activities now being done by the City. • The current lease with the MVRP, doing business as Murphy's Landing, which otherwise terminates February 28, 2002, will terminate. • A payment to the City of $10,000 for the property (to reimburse the City for legal and related expenses involved in the negotiation process). • An understanding that a legal description and survey will be provided by the City, and will be incorporated into the final document. (The existing legal description appears to be inaccurate.) • The long -term debt of Murphy's Landing, now an amount of just under $60,000, will be paid through proceeds of the insurance resulting from the fire in January. Hennepin Parks will reconstruct a building using the remaining proceeds, and other resources available to it, after a strategic planning operation has been completed. If Hennepin Parks ceases to utilize the site as an interpretive center demonstrating 19 Century life in the Minnesota River Valley, ownership of the property would revert to the City. Hennepin Parks and the Murphy's Landing Board of Directors have negotiated a separate understanding, relating to the termination of the Murphy's Landing control of the property, and disposition of assets and artifacts. In addition, Scott County will negotiate a change in their agreement for contributions to Hennepin Parks. If the Council wishes to proceed with the transfer of operations, the purchase agreement with Hennepin Parks will need to be executed. If the Council concurs, it should, by motion, authorize the appropriate City officials to enter into a purchase agreement and easement for the property currently leased to Minnesota Valley Restoration Project (Murphy's Landing), to Suburban Hennepin Regional Parks District. Mark McNeill City Administrator MM:th PURCHASE AGREEMENT This Purchase Agreement ( "Agreement ") is entered into this day of , 20_, by and between Suburban Hennepin Regional Park District, a political subdivision of the State of Minnesota ( "Park District ") and the City of Shakopee, a Minnesota municipal corporation ( "Shakopee "). WHEREAS, the Park District is a political subdivision of the State of Minnesota, whose primary duties are acquisition, development and maintenance of large parks, wildlife sanctuaries or other reservations, and means for public access to historic sites and to lakes, rivers and streams and to other natural phenomena, and WHEREAS, Shakopee owns property described on Exhibit A hereto ( "Subject Property") in the City of Shakopee, Minnesota, commonly known as Murphy's Landing, and WHEREAS, Shakopee and Park District wish to enter into an agreement for the conveyance of said property for historical preservation and interpretation from Shakopee to the Park District, NOW THEREFORE, for and in consideration of the above premises and the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Conveyance Shakopee hereby agrees to convey to the Park District and the Park District agrees to accept from Shakopee the Subject Property. 2. Consideration In consideration of the conveyance, transfer and delivery by Shakopee to the Park District of the Subject Property, the Park District shall pay to Shakopee the sum of ten thousand dollars ($10,000.00). 3. Conveyance of Title Subject to performance by the Park District at the closing of the transaction contemplated by this Agreement ( "Closing "), Shakopee shall convey title to the JJT- 198995v2 1 SH155 -89 Subject Property by warranty deed executed and delivered to the Park District in the form of Exhibit B attached hereto. The title conveyed in said deed shall be subject to the following: (i) building, zoning and subdivision laws, ordinances, state and federal regulations, (ii) reservation of any minerals or mineral rights with the State of Minnesota, and (iii) reservation of a conservation and preservation easement in the form attached hereto as Exhibit C and a right of reverter as contained in the attached Exhibit B. 4. Real Estate Taxes and Special Assessments The Subject Property is currently exempt from real property taxation. Accordingly, no real estate property taxes are due and payable on the Subject Property for 2000 or prior years. Any liability for real property taxes against the Subject Property from and after Closing shall be the responsibility of the Park District. Shakopee shall pay at Closing any and all special assessments levied or pending as of the date of the Closing. Any and all liabilities for special assessments against the Subject Property following such Closing shall be the responsibility of the Park District. 5. Title and Documents (a) Documents and Information to be pProvided. Within 30 days after the acceptance of this Agreement by the parties hereto, Shakopee shall provide the Park District with the following: (i) An abstract of title to the Subject Property, including proper current searches covering bankruptcies, state and federal judgments and liens, and a special assessment search with authorities who levy special assessments against the Subject Property. All searches shall be certified to the date of this Agreement. Park District agrees to accept an Owner's title commitment in the amount of one million dollars in lieu of an abstract of title, provided that, Shakopee shall pay the title commitment fee. Park District shall pay the premium for any title insurance policy (ii) Copies of any environmental audits or assessments of the Subject Property which are in Shakopee's possession. (iii) Copies of certificates, authorizations, permits, licenses and approvals which have been issued covering the Subject Property and are currently in force. (iv) Copies of any written agreements affecting the ownership and use of the Subject Property known to Shakopee. (v) A complete roster of tenants with mailing addresses and phone numbers. (b) Review of Abstract. The Park District shall have 30 days after delivery of the abstractor title insurance commitment within which to object to title. If said objections are not made in writing within such time period and delivered to Shakopee, the Park District shall be deemed to have waived such objections. If the Park District objects to title, Shakopee shall have 30 days from the date of Shakopee's receipt of such written objections to make title marketable JJT- 198995v2 2 SH155 -89 or to determine to not make title marketable. The parties may by written agreement extend the period allowed for Shakopee to make title marketable. If title is not made marketable within 30 days, or such additional time period agreed to by the parties, this Agreement shall be null and void at the option of the Park District and neither party shall have any further obligation under this Agreement. (c) Inspections Document Review. With respect to all of the items required pursuant to paragraph 5(a)(ii) -(b), the Park District shall have 30 days after delivery of the items to the Park District during which to inspect all such items. Further, the Park District may inspect the Subject Property and conduct such other and further inspections or other review as seems necessary by the Park District during such period. If such review and/or inspection by the Park District shall be unsatisfactory to the Park District, the Park District may terminate this Agreement by providing written notice of termination to Shakopee within the time period provided by this paragraph for inspection, and this Agreement shall be null and void and neither party to this Agreement shall have any further obligation to the other. If said period should expire without notice of the Park District's intention to terminate this Agreement, then this Agreement shall be considered in full force and effect and the Park District shall be deemed to have waived any objections based upon such review and inspection. Shakopee hereby grants the Park District and/or its agents the right to enter upon the Subject Property for the purpose of inspection and to prepare topological studies, surveys, soil tests and other engineering studies, and environmental inspection and testing that may be deemed necessary; provided however that the Park District shall pay all costs thereof and shall indemnify and hold Shakopee and the Subject Property harmless from and against any and all costs, damages and liabilities arising from entry upon inspection or testing of the Subject Property, including but not limited to costs, damages and liabilities arising from mechanics, materialmens and other liens filed against the Subject Property in connection with work performed or material furnished by or at the direction of the Park District. 6. Environmental To Shakopee's knowledge, Shakopee's operations are in compliance with all applicable federal, state and local statutes, laws, rules, regulations, ordinances, orders, judicial or administrative decisions of any governmental authority or court of competent jurisdiction in effect and in each case, if applicable, as amended as of the Closing relating to (a) pollution of the environment, (b) a Release, as defined below, or threatened Release of Hazardous Materials, as defined below, or (c) the handling, storage, transport or disposal of Hazardous Materials (collectively, "Environmental Laws ") During the period of Shakopee's ownership of the Subject Property, to the knowledge of Shakopee (a) there has been no Release, as defined below, of any Hazardous Materials, as defined below, on the Subject Property, and (b) there have not been, and Shakopee has not received any notices from any governmental authority of any underground storage tanks on the Subject Property. For purposes of this Agreement, "Release" shall mean, in violation of applicable Environmental Laws, depositing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying, seeping or placing and other similar like actions into or upon any land, water or air, or otherwise entering into the environment, and "Hazardous Materials" shall mean (a) any chemicals, materials or substances defined as or included in the definition of "hazardous substances, hazardous wastes, hazardous materials, extremely JJT- 198995v2 3 SH155 -89 hazardous substances," "toxic substances," "pollutant or contaminant" or words of similar import, under applicable Environmental Laws; (b) any petroleum or petroleum products, natural or synthetic gas, radioactive materials, polychlorinate, biphenyls, asbestos in any form that is friable, urea formaldehyde foam insulation or radon, and (c) any other chemical, material or substance, the handling, storage, transport or disposal of which is prohibited, limited or regulated by any governmental authority under applicable Environmental Laws. Shakopee has disclosed to the Park District all reports and other documents in its possession concerning environmental matters relating to the Subject Property. To Shakopee's knowledge there are no existing claims or causes of action, and there are no pending claims regarding the Subject Property against the Subject Property or Shakopee involving the violation of Environmental Laws, and that Shakopee has no such claims against third parties. Shakopee warrants that it will defend, indemnify and _hold the Park District harmless from and against any and all claims brought under Environmental Laws which arise from circumstances or conditions existing prior to conveyance of the Subject Property to Park District. Park District shall defend, indemnify and hold Shakopee harmless from and against any and all claims brought under Environmental Laws which arise from circumstances or conditions created after conveyance of the Subject Property to Park District.z 7. Due Authorization Shakopee and the Park District hereby represent to the other that each has requisite power and authority to execute this Agreement and the documents referred to herein and to perform its obligations hereunder and thereunder; and the individuals executing this Agreement and all such other documents that have a legal power, right and actual authority to bind each of the parties hereto to the terms and conditions of the Agreement and all other such documents. Further, each of the parties to this Agreement hereby represents to the other that its execution and performance of this Agreement and all other documents referred to herein shall not violate any applicable statute, ordinance, governmental restriction or regulation, or any prior restriction or agreement. 8. Closing; Contingencies (a) Performance at Closing. Subject to paragraph 5 hereof, the Closing of the transaction contemplated by this Agreement shall take place within 60 days following execution of this Agreement unless extended by the parties. Closing shall occur at 153 East Lake Street, Wayzata, MN. At the Closing Shakopee shall: (i) deliver possession of Subject Property, subject to rights of tenants in possession; (ii) deliver an Affidavit of Seller confirming the absence of judgments, mechanic's liens and unrecorded interests against the Subject Property not disclosed herein; JJT- 198995v2 4 SH155 -89 (iii) deliver any abstracts of titles in Shakopee's possession or control to any portions of the Subject Property; (iv) deliver any documents necessary to clear title in accordance with this Agreement, if any, and pay any related recording charges; (v) deliver the warranty deed and a quit claim bill of sale regarding any personal property located on the Subject Property and pay any related deed tax; (vi) deliver a quit claim bill of sale conveying Shakopee's interest in all personal property and improvements, including historic buildings and artifacts on the Subject Property; (vii) deliver a complete tenant roster with mailing addresses and phone numbers; (viii) deliver copies of notices to tenants of transfer of security deposit; (ix) transfer security deposits together with interest; and (x) deliver tenant estoppel certificates for each tenant in sworn affidavit form attesting that all rent is current, there is no pre -paid rent, that there are no claims on the part of the tenant against the seller or the property, and adding a copy of the written lease to each affidavit. (b) Contingencies. The parties to this Agreement acknowledge that the Closing is expressly subject to the following contingencies: (i) The Park District shall obtain consent of the City of Shakopee to its acquisition of the Subject Property pursuant to Minn. Stat. § 398.09(b)(1); (ii) The Park District shall obtain all other consents required from governmental or other regulatory authorities; (iii) The Park District shall have the right, at its sole discretion, to terminate this Agreement for environmental reasons pursuant to paragraph 5(c); (iv) The Park District shall have the right, at its sole discretion, to terminate this Agreement for environmental reasons at any time prior to Closing; (v) The Park District shall have reached an agreement with the County of Scott for financial support for operation of Murphy's Landing; (vi) The Park District shall have reached agreement with the Minnesota Valley Restoration Project, Inc., a Minnesota non -profit corporation, conveying its interest in the improvements on the site to the Park District; and JJT- 198995v2 SH155 -89 (vii) The Park District shall have reached agreement with the Minnesota Valley Restoration Project, Inc., a Minnesota non - profit corporation, conveying its interest in the improvements on the site to the Park District, and (viii) The lease between the City of Shakopee and Minnesota Valley Restoration Project, Inc., d/b /a Murphy's Landing, dated March 1, 1997, shall have been terminated The parties to this Agreement hereby agree that the Closing date shall be extended as reasonably necessary to allow fulfillment of the contingencies, provided that fulfillment thereof is being diligently pursued, provided however that if the Closing does not occur prior to six months following execution of this Agreement, this Agreement shall be null and void. 9. Defaults/Right to Terminate In addition to the other rights to terminate this Agreement granted to each of the parties pursuant to this Agreement, either party may cancel this Agreement upon 30 days' written notice to the other party at any such time as such other party is in default of its agreements hereunder and remains in such default for 30 days following the notice of such default. 10. Condemnation In the event of the initiation of proceedings for condemnation (or sale in lieu thereof) on any portion of the Subject Property prior to Closing, the Park District shall have the right to cancel this Agreement, in which case this Agreement shall be deemed null and void and neither of the parties shall have any further obligations. Conversely, the Park District may elect to purchase the Subject Property and close the transaction notwithstanding such proceedings and, if the Park District shall so elect, all awards or payments made for such portion of Subject Property by the condemning authority to which Shakopee is entitled shall be paid to the Park District and the Park District shall proceed to close the transactions herein and pay the full property purchase price to Shakopee. 11. Binding Effect ffect The provisions of this Agreement shall inure to the benefit and shall be binding on representatives, successors and assigns of the parties hereto, provided that neither party hereto shall have the right to assign its rights or obligations hereunder without the prior consent of the other party. 12. Waivers No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision whether or not similar, nor shall any waiver be a continuing waiver. Any party may waive any provision of this Agreement intended for its benefit; provided, however, such waiver shall in no way excuse the other party from the performance of any of its obligations under this Agreement. 13. Time. Time is of the essence of this Agreement. JJT- 198995v2 6 SH155 -89 14. Further Documentation Each parry agrees in good faith to execute such further or additional documents as may be necessary or appropriate to fully carry out the intent and purpose of this Agreement. 15. Headings and Counterparts The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 16. Notices Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or Shakopee at the addresses set forth below or at such other address as either party may designate in writing. The date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery, or the date notice is sent by express courier or U.S. Mail if otherwise. If to Shakopee City of Shakopee Attn: Mayor 129 Holmes Street South Shakopee, MN 55379 with copy to James J. Thomson Kennedy & Graven 470 Pillsbury Center Minneapolis, MN 55402 If to the Park District Suburban Hennepin Regional Park District Attn: Director of Administration 12615 County Road 9 Plymouth, MN 55441 with a copy to Jeffrey R. Brauchle P.A. 153 East Lake Street Wayzata, MN 55391 17. Construction This Agreement shall be construed according to the laws of the State of Minnesota. 18. Complete Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in this Agreement. All prior and contemporaneous agreements, representations and understandings, written or oral, are superseded by and merged into this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by Shakopee and the Park District. 19. Survival of Covenants All covenants, agreements, representations and warranties contained herein shall survive delivery of the deed from Shakopee to the Park District and be enforceable by the Park District or Shakopee after delivery of the deed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. JJT- 198995v2 7 SH155 -89 Suburban Hennepin Regional Park District, a public corporation and political subdivision of the State of Minnesota Dated: SO James Deane, Chair Dated: Douglas F. Bryant, Superintendent and Secretary to the Board Dated: Dated: This instrument was drafted by: Jeffrey R. Brauchle, P.A. 153 East Lake Street Wayzata, MN 55391 (952) 258 -0415 City of Shakopee, a Minnesota municipal corporation By Its By Its JJT- 198995v2 8 SH155 -89 J.. Proposed description of Subject Property All of the property owned by the City of Shakopee currently under lease to Minnesota Valley Restoration Project, Inc., d/b /a/ Murphy's Landing, including land generally located between Memorial Park and the Peavy Grain Terminal, subject to a precise legal description to be prepared after a survey of the property. JJT- 198995v2 A -1 SH155 -89 10. 0 811 W 1. The property legally described on Exhibit A to this Quit Claim Deed (hereinafter referred to as the "Property") is primarily woodlands, wetlands, riparian areas, open space, and the site of historical, architectural and cultural aspects of real property (the "Conservation Values "). 2. Grantor intends to retain the right to preserve and protect the Property in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this instrument; 3. The Conservation Easement (as defined below) will serve the policies of the State of Minnesota that encourage the protection of Minnesota's natural and historic resources, as set forth, in part, in Minn. Stat., Ch. 84C (2000) or successor provisions ( "Chapter 84C "). 4. Grantor is a governmental body empowered to hold an interest in real property under the laws of the State of Minnesota and thus is qualified to serve as holder of this Conservation Easement in accordance with Chapter 84C ( "Holder "). Grantor agrees to assume the obligations of Holder in protecting the natural, scenic and historical, architectural and cultural qualities of the Property in perpetuity according to the terms of this Conservation Easement. NOW, THEREFORE, 1. Reservation of Easement Grantor hereby reserves a perpetual conservation and preservation easement (the "Conservation Easement ") on the Property of the character and to the extent set forth herein and hereby accepts the rights and responsibilities as Holder of the Conservation Easement. This instrument is intended to constitute a conservation easement under Chapter 84C. 2. Grantor's Rights as Holder To preserve and protect the Property pursuant to the terms of this Conservation Easement, Grantor shall have the following rights: A. to enter onto the Property at reasonable times to monitor activities and uses and to enforce the terms of this Conservation Easement, provided that Grantor shall give reasonable prior notice to Grantee of all such entries and shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property; JJT- 199001v2 C -1 SH155 -89 B. to prevent and remedy all subsequent activities and uses of the Property not consistent with the terms of this Conservation Easement; C. to enforce any of the terms of the Conservation Easement. 3. Planned Uses, Permitted Uses and Prohibited Uses Grantee may use, occupy and operate the entire Property continuously and without interruption for the Planned Uses set forth on Exhibit D hereto and incorporated herein, and shall permanently retain the Property in its predominantly natural and scenic state. Grantee's use of the Property shall be consistent with the Permitted Uses set forth on Exhibit D, and Grantee shall not perform, or knowingly allow others to perform, acts on the Property that constitute Prohibited Uses as set forth on Exhibit D or that would otherwise significantly impair or interfere with the Conservation Values of the Property. Grantor acknowledges that the present use of the Property is consistent with the terms of this Conservation Easement and the Grantee may, subject to the restrictions set forth in Exhibit D, continue to make such use of the Property. 4. Grantor's Approval A. Any requirement that Grantee obtain the prior written approval of Grantor is intended to let Grantor study the proposed use and decide if it is consistent with this Conservation Easement and maintains or enhances the Conservation Values of the Property. Grantee shall submit a request in writing to the Grantor at least 30 days prior to the proposed date of commencement of the use in question. The request shall set out the use for which approval is sought, its design and location, the impact of the proposed use on the Conservation Values of the Property, and other material information in sufficient detail to allow Grantor to make an informed judgment that the proposed use is or is not consistent with this Conservation Easement or would adversely affect the Conservation Values of the Property. Grantor shall notify Grantee in writing of its decision within 30 days of its receipt of Grantee's request. Grantor may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Conservation Easement, impair the Conservation Values of the Property, or result in violation of any applicable law or regulation, or that Grantor lacks sufficient detail to reach an informed judgment that the proposed use is or is not consistent with this Conservation Easement. Grantor may condition its approval on Grantee's acceptance of modifications which, in Grantor's judgment, would make the proposed use, as modified, consistent with this Conservation Easement, would protect the Conservation Values of the Property or would be required under applicable law or regulation. B. Where approval of Grantor is required under this Conservation Easement agreement, Grantor's approval or denial of the same shall be rendered on the basis of Grantor's rights and responsibilities as Holder to enforce the Conservation Easement. Satisfaction of zoning, subdivision or other regulations requiring municipal or police power approvals by Grantor shall not entitle Grantee to, or be deemed a waiver of, any approval required hereunder. No approval of Grantor shall be deemed effective unless JJT- 199001v2 C-2 SH155 -89 the written document setting forth such approval specifically provides that "approval is given hereunder in accordance with the Conservation Easement reserved in the Deed dated from the City of Shakopee to Suburban Hennepin Regional Park District ". 5. Public Access No right of access by the public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Rights Grantee shall have all rights accruing from its ownership of the Property including, without limitation, the right to engage in or allow others to engage in all activities or uses of the Property that are not prohibited or limited by this Conservation Easement, the right to regulate access by the public onto the Property in a manner that is consistent with the Planned Uses as set forth on Exhibit D hereto, and the right to sell or transfer all or part of the Property subject to this Conservation Easement. Grantee shall inform all others who exercise any right on the Property by or through Grantee of the terms of this Conservation Easement. Grantee shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which Grantee transfers any interest, including a leasehold interest, in all or part of the Property. Grantee shall give 30 days' prior written notification to Grantor or a transfer of all or any part of fee title to the Property. 7. Costs and Liabilities Grantee hereby assumes all obligations and shall bear all costs and liabilities of any kind accruing from Grantee's ownership of the Property, including but not limited to the following responsibilities: A. Grantee shall remain solely responsible for the operations, upkeep, and maintenance of the Property consistent with the Master Plan. Grantee shall keep the Property free of all liens arising out of work performed for, materials furnished to, or obligations incurred by Grantee. B. Grantee shall pay all taxes and assessments lawfully levied against the Property including any taxes or assessments lawfully levied against the interest of Grantor established by this Conservation Easement. Grantor may, but is not obligated to, make any payment of taxes or assessments lawfully levied against the Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Grantee for such amounts. Grantee may exercise any rights provided by law to challenge taxes and assessments levied against the property. C. Grantee shall remain solely responsible for maintaining casualty insurance for the Property. Casualty insurance policies maintained by Grantee covering the Property shall name Grantor as an additional named insured. Grantee shall hold harmless, indemnify, and defend Grantor from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising out of or relating to (i) personal injury, death, or property damage resulting from an act, omission, or condition on or JJT- 19900lv2 C -3 SH155 -89 about the Property to the full extent of Grantee's responsibility, (ii) the obligations of Grantee to maintain the Property and pay taxes as set forth in paragraphs 7(A) and (B) above, and (iii) the existence of this Conservation Easement. 8. Enforcement If Grantee has breached, or if Grantor reasonably has reason to believe Grantee may breach, the terms of this Conservation Easement, Grantor may give written notice of the breach to Grantee and demand that Grantee take action to cure the breach, including without limitation restoration of the Property. If Grantee does not cure the breach within 120 days after receipt of such notice, Grantor may commence an action to (i) specifically enforce the terms of this Conservation Easement, (ii) enjoin the breach, ex parte if needed in the event of an emergency, either temporarily or permanently, (iii) recover damages, (iv) pursue any other remedies available to it in law or equity. The foregoing provisions notwithstanding, if Grantor determines in its sole discretion that immediate action is needed to prevent or mitigate significant damage to the Property, Grantor may pursue its remedies under this Paragraph without providing written notice or giving Grantee time to cure the breach. Grantor's enforcement, or lack of enforcement, of the terms of this Conservation Easement shall not be deemed to waive or terminate Grantor's separate Right of Reverter as set forth in Exhibit C to this Quit Claim Deed. 9. Costs of Enforcement If Grantor prevails in an action brought under Paragraph 8 herein, Grantee shall reimburse Grantor for all costs incurred by Grantor in enforcing the terms of this Conservation Easement including without limitation costs of litigation, reasonable attorney's fees, and costs of restoration or cure effected by Grantor. If Grantee prevails, Grantor shall reimburse Grantee for all costs of defense including without limitation costs of litigation and reasonable attorney's fees. 10. Waiver The enforcement of the terms of this Conservation Easement is subject to Grantor's discretion. The delay or failure by Grantor to discover a breach by Grantee or to exercise a right of enforcement as to such breach shall not impair or waive Grantor's rights of enforcement against Grantee for such breach. Grantor's inadvertent or intentional failure to exercise its rights of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by Grantor of such terms, any subsequent breach of the same term, any breach of any other terms, or any of Grantor's rights under this Conservation Easement. 11. Acts Beyond Grantee's Control Grantor shall not exercise its rights of enforcement against Grantee for injury or alteration to the Property resulting from causes beyond the reasonable control of Grantee, including without limitation fire, flood, storm, and earth movement, or from any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Property resulting from such causes. 12. Assignment of Easement Grantor may transfer its rights and obligations in this Conservation Easement only to a qualified conservation organization, as provided in Section 170 of the Internal Revenue Code (Title 26 of the United States Code), which may hold conservation easement as provided in Chapter 84C and only with the consent of Grantee. JJT- 199001v2 C -4 SH155 -89 13. Notices Any notice of other communication that either party must give to the other shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: GRANTOR: City of City of Shakopee 129 South Holmes Street Shakopee, MN 5537 Attention: City Administrator GRANTEE: Suburban Hennepin Regional Park District 2615 County Road 9 Plymouth, MN 55441 Attention: Director of Administration 14. Governing Law This Conservation Easement shall be governed by the Laws of Minnesota. 15. Amendment Grantor and Grantee may amend this Conservation Easement by a writing signed by Grantor and Grantee, provided that such amendment shall not (i) impair or threaten the Conservation Values of the Property, (ii) affect the perpetual duration of this Conservation Easement, or (iii) affect the qualification of this Conservation Easement under Chapter 84C. 16. Binding Effect The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and inure to the benefit of Grantor, Grantee, their personal representatives, heirs, successors, assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Property. 17. Notices. Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or Shakopee at the addresses set forth below or at such other address as either parry may designate in writing. The date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery, or the date notice is sent by express courier or U.S. Mail if otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. JJT- 199001v2 C -5 SH155 -89 Suburban Hennepin Regional Park District, a public corporation and political subdivision of the State of Minnesota Dated: James Deane, Chair Dated: LO Douglas F. Bryant, Superintendent and Secretary to the Board Dated: Dated: City of Shakopee, a Minnesota municipal corporation By Its By Its This instrument was drafted by: Jeffrey R. Brauchle, P.A. 153 East Lake Street Wayzata, MN 55391 (952) 258 -0415 JJT- 199001v2 C -6 SH155 -89 I W 111 C 1 A. Planned Uses Grantee plans to use the Property to operate a history museum that preserves and interprets 19' century life in the Minnesota River Valley on a portion of the real estate. The Property shall be used solely and exclusively for the improvement, operation and maintenance of a history museum that preserves and interprets 19 century life in the Minnesota River Valley, specifically including but not limited to, the following: (i). Maintaining and preserving such existing structures and artifacts as may be specified in the Master Plan; (ii). Operating the Property in accordance with that certain Master Plan prepared by Grantee and approved in writing by Grantor, as may be amended from time to time with Grantor's prior written consent ( "Master Plan"); provided, however, that if the Master Plan is not in effect, Grantor, at a minim shall make the Property accessible to the general public on a regular schedule and shall operate educational programs on the Property for school groups and the general public. (the "Planned Uses "). B. Permitted Uses The Property may be used for any activities, events, or operations, or construction or installation of any structures or other improvements, that are consistent with or promote the Planned Uses ( "Permitted Uses "). Uses approved in Master Plan shall be deemed Permitted Uses. C. Prohibited Uses The following uses of and activities and operations on or affecting the Property shall be prohibited (the "Prohibited Uses "): (i). Activities or events that are inconsistent with the Permitted Uses or interfere with the Planned Uses; (ii). Construction or installation of any facilities, buildings, structures or other improvements on the Property that are inconsistent with the Permitted Uses or interfere with the Planned Uses; JJT- 199004v2 D -1 SH155 -89 (iii). Subdivision of the Property for residential, commercial, or industrial development or uses, [or subdivision of the Property for any other reason without the prior written approval of Grantor]. (iv). Commercial or industrial uses, operations, or improvements; (v). Exploration or extraction of soil, sand, gravel, rock, minerals, hydrocarbons, or any other natural resource without the prior written approval of Grantor; (vi). The granting of rights -of -way, easements, or other property interests in the Property without the prior written approval of Grantor; (vii). Installation of utility systems or extensions of existing utility systems, including, but not limited to, water, sewer, power, fuel and communication lines and related facilities, without the prior written approval of Grantor, which approval may only be given if said utility is needed to serve a Permitted Use or otherwise further a Planned Use; (viii). Disposal or dumping of refuse or other waste; failure to promptly remove from the Property refuse or other waste generated by a Permitted Use; (ix). Uses that cause or are likely to cause soil depravation or erosion or water pollution either on the surface of the Property or underground; (x). Uses that pose risk of injury to the Property or that violate any insurance requirement or zoning, building, health, safety, or environmental law, regulation or ordinance of any federal, state, or local unit of government or agency that has jurisdiction over the Property. JJT- 199004v2 D -2 SH155 -89 EXHIBIT C TO QUIT CLAIM DEED we 146 1 In the event that Grantee fails to use, occupy and operate the entire Property continuously and without interruption for the Planned Uses set forth in Exhibit D to this Quit Claim Deed, and specifically without limitation as required by the Master Plan, for a period of at least 365 consecutive days, then Grantor shall have the right, upon its election and without requirement to give notice to Grantee, to re -enter and take possession of the Property and to revest in the Grantor the interest of the Grantee in the Property. This right of reverter is in addition to Grantor's rights under the Conservation Easement as set forth in Exhibit B hereto, and Grantor's enforcement of, or failure to enforce, the Conservation Easement shall not be deemed to waive or terminate Grantor's right of reverter herein. BLW- 195129v1 SH155 -99 I �-)- F. • CITY OF SAKOPEE Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: VFW Donation DATE: June 14, 2001 Introduction & Background The city has received two checks from the VFW with the intention that the funds be used for park purposes. The checks are for $500 each with the funds going towards the skate park and Tahpah Park equipment and field improvements. The money will be deposited to the Park Reserve Fund. Council controls the use of donated gambling proceeds and so far has directed the funds to where the donator requested. Action Move to authorize the acceptance of $1,000.00 from the VFW and authorize the funds to be placed in the Park Reserve Fund for use in the skate park and Tahpah Park equipment and field improvements. ) 4 0 Gregg Voxland Finance Director C \gregg \memo \VFW2 I5. F. I CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Roofing Contract Design DATE: June 14, 2001 The Council is asked to approve our amendments to a contract with -JEA Architects, regarding design for reroofing of the Public Services building, and a proposal for roofing design services for City Hall. Earlier this year, the Council authorized JEA Architects to do design work for the Public Services building. The estimate at that time was for the design not to exceed $30,500. However, since then, City staff has asked that additional sky lighting be considered in the public works bays. In addition, it has since been determined that the existing roof drain system is inadequate, and should be replaced at the time of the reroofing. Both of these were not items which were anticipated when the "not to exceed" maximum had been previously estimated. Attached is an estimate from JEA, indicating that an additional $4,550 would be needed to do the design work for those items. Regarding the City Hall roof, the City approved a feasibility study with a $3600 "not to exceed" maximum. The feasibility study is, in essence, to reconstruct the "as- built" drawings from the original bank building, which could not be located. From that, a separate agreement was then to be needed for the bid specifications for the reroofing. JEA has now submitted a proposal to do these design services at a cost not to exceed $25,500. JEA notes that that amount anticipates a "worst case ", and may be less. It should be noted that the City Hall roof is likely going to be significantly more then had been originally anticipated - $100,000 had been budgeted in the CIP as a "best guess" at that time. Because of complications that have been discovered by the architect, it now estimated at about a quarter of a million dollars. Obviously, the Council will have an opportunity to determine whether to proceed at the time that the Council is asked to approve the plans and specifications for bids; however, even though the City's interest in the building is relatively short term, even during a resale, a weather -tight building will be needed. Funding for this would come from the Capital Improvements Fund. I recommend that the "not to exceed maximum" be amended for the Public Works Building contract, and that the City accept the proposal for the City Hall roof design. 1 If the Council concurs, it should, by motion, authorize the maximum billables for the Public Works building project to be increased to $35,050, and accept the proposal for the design of the City Hall reroofing plans and specifications, at a cost not to exceed $25,500. Mark McNeill City Administrator MM:th J E AARCHITECTS ARCHFrECRJRE LANDSCAPEDESIGN SPACEPLANNING May 29, 2001 Mr. Mark H. McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Shakopee Public Services Remodeling and Reroofing JEA Project No. 1069A Dear Mark: Enclosed please find our statement for services rendered during April 2001 regarding the- above- referenced project. "Basic Services work involved design development. Additional services involved: 1. Roof drain design and placement; and 2. Additional translucent sky lighting and placement As per our telephone conversation, we anticipate that the above items will require the following hourly not to exceed additional services: 1. Roof Drain Design and Placement Architectural $1,250.00 Roofing Consultant 450.00 Mechanical and Electrical 1.800.00 Total $3,500.00 2. Additional Translucent sk y lighting and Placement Architectural $ 600.00 Structural 450.00 Total $1,050.00 Grand Total Additional Services $ 4,550.00 If you have any questions regarding the en„dosed statement, please feel free to call. Thank you! Sincerely, JEA ARCHITECTS 9352102 P.02 J E A ARCHITECTS June 14, 2001 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Shakopee City Hall Reroofing Project Dear Mr. MCNGUI:, We appreciate this opportunity to propose to you on the Shakopee City Hall Reroofing Project. I. ITEMS FOR CON$IDERATION We have identified the following list of items (through the roof study work and site visitation ) for consideration in preparation of our fee quotation: A. The reroofing of the City Hall building will involve removing and replacing the existing (13,000 SF*) built -up roofing system and ballasted membrane system with an adhered membrane system. The'existing building is included per Attachment A. In addition: 1. The existing main building was built In 1957.. The two-story addftion, Is 1,070 SFt and was built in 1982. The elevator, was built in 1992. 2. 'The above work will include recauWng of the metal fascia. 3. The existing metal roof will be repaired, as necessary. B. A Preliminary Construction Estimate Is included herein as Attachment B. 11. SCOPE OF SERVICES A. Our services include Architectural services only, unless indicated otherwise. B. Basic Services will involve Design through Construction Administration. C. it is anticipated that the projects will require specifications and the following drawings: 1. Title and Location Sheet 2. Demolition Plan d4CK 2DWARD AiLEWN APCHf TEM WC. 6440 FLYING CLOW DF&E. SUf TE 202 MEN PFIARE. NN 55S" W) 9355164 FAX (95Z 9352102 JEA ARCHITECTS 9352102 P_03 Mark McNeill' June 14, 2001 Page 2 3. Roof Plan 4. Details 5. Details 6. Detalls 7. Details D. JEA Architects will enlist a roofing consultant to review the project from a quality control standpoint. E. JEA Architects will use a structural engineer to review the'structural consideration needed for reframing of the.existing sloped roof. F. The Project will be bid at the same time as (and combined with) the Shakopee Public Services Reroofing Project. III: FEE PROP tai A. We propose that the Architectural fee for the above Scope of Services be hourly not to excbed $25,500, plus re"unbursables. B, Additional services will be baled at the following hourly rates: Principal/Projeci Manager $105 Project 'Architect $ Senior Technician $65 Technician $45 Clerical $ Structural Engineer $105 Mechanical/Electrical Engineer (If needed) $85 Roofing' Consultant $85 JEA ARCHITECTS 9352102 P.04 Mark McNeill June 14, 2001 Page 3 C. Reimbursables: Reimbursables required will be billed at 1.12 times cost unless Indicated otherwise. These Items Include: 1. Reproduction ($1.50 per 24 x 36 sheet and $0.25 per 81/2 x 11 Copy) 2. Plots ($1.50 each), 3. Messenger /delivery 4. Travel ($0.38 per mile) 5. Faxes ($0.85 each) 6. tong'distance telephone calls 7. Photography a. Consultant reimbursables IV. ADDITIONAL NOTES A. We will execute an Owner - Architect AIA Agreement appropriate for the project. Please feel free to call if you have any questions regarding the services provided for in this proposal. We look forward to working with you. Thank you. Sincerely, Jack Edwa?d Anderson, AIA, CID President JEA ARCHITECTS 9352102 P_05 A TT A CHMENT UM Y1083NNi W '33dWtVrt9 Hlnos jA3*k S3WlOH sac s„ „ ��^'O , p 133robd ONId001:1 i 11HH KLIO 33dO)4VHS Wld jooa 9 I I [ $ Or d� JEA ARCHITECTS 9352102 P. 06 Page 1 Cost Summary - Preliminary - City Hall 6/14/019:31 PM M F VO CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Charitable Contribution DATE: June 19, 2001 The Council is asked to accept a charitable contribution from Rotary for the purpose of future improvements to Huber Park. Several weeks ago, the Council authorized a concept plan to be done of Huber Park by Brauer and Associates. Included in that was a desire to explore a performing arts stage (small band shell), as well as other improvements to the park. A very preliminary plan was given first review last week. There are several issues which still need to be resolved, which is funding.. Vision Shakopee is very enthusiastic about the performing arts stage portion, and is seeking contributions for the construction of this facility. They had modeled their facility on Staring Lake Park in Eden Prairie. Vision Shakopee approached Shakopee Rotary, who after consideration, did commit to a $50,000 donation to be used for partial funding of that facility. Originally, Rotary was to make the contribution directly to Vision Shakopee. However, Vision Shakopee does not yet have its tax- exempt status as a 501 c (3) corporation. While IRS regulations allow contributions to an organization which is in the process of getting that non -profit designation, State charitable gambling laws do not allow that. In order for Shakopee Rotary not to be taxed on the charitable gambling revenues (they may have up to $30,000 for this project this year), they need to make this lawful charitable contribution before the end of this month. They have asked the City if it will be willing to be the beneficiary of those proceeds, with the understanding that the contribution would used for the performing arts stage funding, when that becomes a reality. Similar to what is in place with Lions Park, this could go into an escrow account, so that the expenditure would need to be approved by the donor (Rotary), whether it is used for stage or some other purpose. The City would then pay the vendors directly. Both Vision Shakopee and Shakopee Rotary need to be aware that improvements to Huber Park are in the very preliminary stages now. Funding for improvements to Huber Park has not been finalized, and there can be no commitment by the City to the performing arts stage or other improvements, until all options have been explored. RECOMMENDATION: I recommend that the Council accept the charitable donation of Shakopee Rotary of up to $30,000, to be placed into an escrow fund for improvements to Huber Park. • 1 ► If the Council concurs, it should, by motion, authorize the establishment of an escrow account to be used for funding improvements at Huber Park, with expenditures to be mutually agreed to by the City, and Shakopee Rotary. Mark McNeill City Administrator MM:th 1s.rll. CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator KV,_ SUBJECT: 15.F.11 —Ray DeGeorgeo Tree Request DATE: June 19, 2001 The Council is asked to consider a request from Ray DeGeorgeo, 7385 Berkshire Court, regarding the removal of trees from an adjacent property. At the City Council meeting of June 5 Mr. DeGeorgeo appeared before Council during the "Citizen Concerns" section of the agenda, asking that Council pass a motion requiring the developer of Shakopee Crossings to place screening trees in a portion of the northwest corner of that plat, to replace trees which had been removed in the grading process for that commercial development. He specifically wanted evergreen trees a minimum of 15' in height, 4" in diameter, and not less than 8' apart (center to center). These would be planted on a berm, which would be higher than otherwise required. Mr. DeGeorgeo was most concerned that trees had been removed as part of the grading process, and he had understood were going to be saved. There is no requirement in the grading plan to preserve those trees. The trees which were removed are a combination of slippery elm, green ash, and big tooth aspen. According to the tree inventory taken by STS as part of the Shakopee Crossings project, there were approximately 27 trees in excess of 8" diameter which were removed. This does not include trees which were not inventoried (such as cottonwood), and smaller trees. The trees removed are native to the area. The inventory (attached) shows tree rankings from ( -1 to 5), with anything 3 or above being considered a good specimen; conversely, a (4) is a "hazard" tree, and should be removed. Staff spoke with Steve Soltau, who indicates that he will have created a higher berm than otherwise required, and will do landscaping consistent with other screening from retail uses, as soon as that can be arranged. This is accelerated from normal, where landscaping is done as part of the retail development. Mr. DeGeorgeo wants a motion requiring that his proposal be committed to by written record. The City Attomey indicates that the City Council cannot legally impose added conditions at the time of final plat, unless they were part of the preliminary plat, unless the developer is agreeable to amending the plan. Note that had the most recent version of a tree ordinance been in place, the trees in question still would have been able to be removed. The only tree preservation plan in place applies to certain residential requirements. Mr. Soltau was within his legal rights to remove the trees in question as part of the grading process. It is probable that landscaping requirements may be reviewed by the Planning Commission, if the commercial development requires a Conditional Use Permit (CUP). Mr. DeGeorgeo is requesting Council take specific action on this. This is a "add on" to the agenda; Mr. DeGeorgeo had understood that this was going to on the June 19, 2001 Council agenda; my notes show that it was to be discussed with the developer, and brought back to a "future meeting". If I misunderstood the Council's directive, I apologize. Council may either pass a motion consistent with Mr. DeGeorgeo's request; not take action; or defer until any possible future CUP application. mmmm ® 9 C 6mall Lme, L114 41w� Lj 6" 611J N A I a m n . 700 ` 9 u m _ M /. zD Z z Q /, �o 0z z mc M m ED At 0 y cC (1 v 0 3 W K. SE o v \ P- t� 7 ATV O u _u m r � 2-4 V v G a kb" 1p N ^' 1 i 6 ,. S OS •. �' It p�39 • ? •�S'• R B7d. 603. G L 4 s J r? m V) O � C7 ° D s o r m _ J ,� N Z � n m � m � � J N 3 A O LA Ul ou =N TREE SURVEY 011A.N Ell . TAt( HAIL. 01/19/2001 DAI[: NCvirDNi 0r DATE TEXT 8't: m D ;o co Q EO A o 2 n N SHAKOPEE CROSSINGS 1st ADDITION (STRATFORD VILLAGE) C>+ECTCED Br: DATE: Z = o ° _ ° crl m` COUNTY ROAD #18 AT SOUTHBRIDGE PARKWAY sic APPROVED Br. DATE. N z o m m o �a SHAKOPEE, MINNESOTA s,D CADfiIE NAUE: C C t p n r Q x. \9'lLO5�8 \Ob O50U0DwG